What are the time limits for patent owner submissions after an ACP?
The time limits for patent owner submissions after an Action Closing Prosecution (ACP) are as follows: The submission must be filed within the time period set for response to the ACP, typically 30 days or one month (whichever is longer) from the ACP mailing date. An extension may be requested under 37 CFR 1.956, but…
Read MoreWhat are the options for patent owners after an Action Closing Prosecution (ACP) in inter partes reexamination?
After an Action Closing Prosecution (ACP) in inter partes reexamination, the patent owner has the following options: File written comments limited to the issues raised in the reexamination proceeding Present a proposed amendment to the claims According to MPEP 2672, “The patent owner submission under 37 CFR 1.951(a) of comments and/or proposed amendment must be…
Read MoreCan patent owners make submissions under 37 CFR 1.501?
Yes, patent owners can make submissions under 37 CFR 1.501. The MPEP provides guidance on how these submissions are handled: If a proper submission is filed by the patent owner before an order for reexamination, it should be entered into the file. If a proper submission is filed by the patent owner after an order…
Read MoreWhat are the page limit requirements for submissions in inter partes reexamination?
Inter partes reexamination submissions must adhere to page limit requirements set by 37 CFR 1.943. If a submission exceeds the limit, it is considered improper. According to MPEP 2667: “Where the length of the patent owner submission exceeds that permitted by 37 CFR 1.943, the submission is improper.” In such cases, the patent owner will…
Read MoreWhat are the limitations on patent owner submissions after an ACP?
Patent owner submissions after an Action Closing Prosecution (ACP) in inter partes reexamination are subject to the following limitations: Comments must be limited to issues raised in the ACP Proposed amendments are subject to the criteria of 37 CFR 1.116 Only one submission is allowed under 37 CFR 1.951(a) MPEP 2672 states: “The patent owner’s…
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