What happens after the patent owner responds and third party comments in an inter partes reexamination?

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.

After the patent owner responds and any third party comments are received, the patent under reexamination is reconsidered. The MPEP states:

“The patent owner and the third party requester will be notified as to any claims rejected, any claims found patentable and any objections or requirements made.”

This process continues until the examiner determines the proceeding is ready for closing prosecution, at which point an Action Closing Prosecution (ACP) is issued. The process is conducted with “special dispatch” as required by 35 U.S.C. 314(c).