What are the third party requester’s rights after a patent owner’s submission following an ACP?
After a patent owner’s submission following an Action Closing Prosecution (ACP), the third party requester has the following rights:
- File one set of comments responsive to the patent owner’s submission
- Comments must be filed within 30 days from the date of service of the patent owner’s submission
- Comments are limited to responding to the patent owner’s comments, proposed amendments, and issues raised in the ACP
MPEP 2672 states: “Where the patent owner files comments and/or a proposed amendment pursuant to 37 CFR 1.951(a), the third party requester may once file comments (pursuant to 37 CFR 1.951(b)) responding to the patent owner’s comments, and/or proposed amendment, and/or the issues raised in the ACP.”
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2672 - Patent Owner Comments/Amendment After Acp And Third Party Requester Responsive Comments,
Patent Law,
Patent Procedure