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What happens if a patent owner doesn’t file a submission after an ACP?

By russ.krajec@blueironip.com | September 29, 2024

If a patent owner doesn’t file a submission after an Action Closing Prosecution (ACP) in inter partes reexamination, the following occurs: The third party requester is precluded from filing comments under 37 CFR 1.951(b) A Right of Appeal Notice (RAN) will be issued The patent owner does not lose any rights of appeal MPEP 2672…

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What happens if a patent owner doesn’t respond to a new ground of rejection?

By russ.krajec@blueironip.com | September 29, 2024

If a patent owner does not respond to a new ground of rejection issued by the Board, the consequences are outlined in MPEP 2682: If the patent owner does not request, or does not properly request, rehearing or reopening of prosecution in accordance with 37 CFR 41.77(b), the Board may terminate the appeal proceeding as…

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