Terms and Concepts

Action Closing Prosecution (ACP)

The second or subsequent action on patentability in an inter partes reexamination proceeding is called the Action Closing Prosecution (ACP).  The patent owner may respond with argument and/or an evidentiary showing and/or amendments.  Alternatively, the patent owner may choose not to respond.  If the patent owner does file a response, then the third party requester may thereafter file written comments directed only to the patent owner’s submission.  Entry of the patent owner response is not a matter of right.  Neither party may appeal at this point in the proceeding [MPEP 2671.02].