What is the purpose of a ‘closing prosecution’ action in patent examination?
A ‘closing prosecution’ action in patent examination serves to finalize the examination process and prepare the application for potential appeal or abandonment. The MPEP 714.12 mentions:
“The examiner should treat such a reply under 37 CFR 1.116 in the same manner as any amendment after final rejection … with a view toward closing prosecution.”
The purpose of closing prosecution is to:
- Ensure all issues have been fully addressed
- Provide a clear record of the examination
- Set the stage for either appeal or abandonment of the application
- Prevent the introduction of new issues that would require reopening prosecution
This action helps maintain efficiency in the patent examination process and provides a definitive endpoint for the current examination phase.
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