How are multiple amendments handled after an Action Closing Prosecution (ACP)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 6 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 2673 , when multiple amendments are submitted after an Action Closing Prosecution (ACP), only the first amendment will be considered. The MPEP explicitly states: “Where multiple amendments are submitted after the ACP, all amendments except for the first one will be returned without consideration, since they are improper submissions. Thus, if prosecution is reopened, only the first amendment will be present for entry.” This means that patent owners should carefully consider their amendments and include all necessary changes in the first submission after the ACP, as subsequent amendments will not be entered or considered. Related Rules from the Manual of Patent Examining Procedure 6 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2673 No Inter Partes Reexamination After September 16, 2012 MPEP 2673 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Third-Party Submissions for Utility, Design, and Plant Applications Filed Before September 16, 2012 MPEP 1134.01 Permitted Assignee Can Correct Inventorship Without Original Inventor's Consent MPEP 1412.04 Oath/Declaration Requirement for Continuation Reissue Applications MPEP 1414 Required Other Related FAQs 5 FAQs Collapse How are affidavits treated after an Action Closing Prosecution (ACP) in inter partes reexamination? Can a patent owner amend claims after an Action Closing Prosecution (ACP)? Can amendments be entered after a Right of Appeal Notice (RAN) in inter partes reexamination? What is the timeframe for patent owner submissions after an Action Closing Prosecution (ACP)? What are the circumstances for discretionary reopening of prosecution after ACP?