What happens if a patent owner doesn’t file a submission after an ACP?
If a patent owner doesn’t file a submission after an Action Closing Prosecution (ACP) in inter partes reexamination, the following occurs:
- The third party requester is precluded from filing comments under 37 CFR 1.951(b)
- A Right of Appeal Notice (RAN) will be issued
- The patent owner does not lose any rights of appeal
MPEP 2672 states: “If the patent owner does not timely file comments or a proposed amendment pursuant to 37 CFR 1.951(a), then the third party requester is precluded from filing comments under 37 CFR 1.951(b). Accordingly, a Right of Appeal Notice (RAN) will be issued where the time for filing the patent owner comments and/or amendment has expired and no patent owner paper containing comments or amendment has been received.”
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