What is the timeframe for patent owner submissions after an Action Closing Prosecution (ACP)?
According to MPEP 2673, the patent owner is given “30 days or one month, whichever is longer, to make the 37 CFR 1.951(a) submission after Action Closing Prosecution (ACP).” If no submission is received after two months from the ACP, the examiner will take up the case for action. The examiner is required to act…
Read MoreCan a patent owner submit prior art citations in their own reexamination proceeding?
Can a patent owner submit prior art citations in their own reexamination proceeding? Yes, according to MPEP 2602, a patent owner can submit prior art citations in their own reexamination proceeding. The MPEP states: “The patent owner may file citations of patents or printed publications in the patent file for subsequent use in the patent.”…
Read MoreCan an Application Data Sheet (ADS) be submitted in a reexamination proceeding?
The submission of an Application Data Sheet (ADS) in reexamination proceedings is generally not allowed, with limited exceptions. The MPEP states: “Patent owner cannot submit an application data sheet (ADS) in a reexamination proceeding except as provided in MPEP § 2258.02.“ This restriction is in place because reexamination proceedings deal with already-issued patents, and most…
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