What are the time limits for patent owner submissions after an ACP?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

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 cannot exceed 6 months from the ACP date.

As stated in MPEP 2672: “The time period may not, however, be extended to run past 6 months from the date of the ACP.”

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
Tags: Action Closing Prosecution, inter partes reexamination, Patent Owner Submission, Time Limits