The request for continued examination (RCE) is a method for inventors to maintain the validity of their patent application, even after receiving a final decision from the patent office. It enables them to introduce modifications or include additional information to demonstrate the patentability of their invention. Unlike a continuation application, the RCE does not initiate a new patent application but rather permits the inventor to proceed with their initial application.
A request for continued examination is a legal process in patent law that allows an applicant to contest a final decision made on their patent application. This process permits the applicant to submit amendments or new claims to prove that their invention is eligible for a patent based on the original application date. Unlike a continuation application, a request for continued examination maintains the patent application’s validity as if no final decision had been reached. Consequently, the applicant can continue pursuing claims that were previously rejected in a final office action. For instance, John has submitted a patent application for his innovative creation, but the patent office has issued a final rejection. In order to challenge this decision, John files a request for continued examination. He presents new evidence and arguments to demonstrate the patentability of his invention. The patent office will then review John’s submission and render a fresh decision on his application. Another example could involve a company that has filed a patent application for a novel software program. The patent office has issued a final rejection, asserting that the program lacks novelty and non-obviousness. In response, the company files a request for continued examination and presents new claims and arguments to establish the uniqueness and non-obviousness of their program. These examples exemplify how a request for continued examination can be utilised to contest a final decision on a patent application and maintain the application’s viability for further prosecution.
A Request for Continued Examination (RCE) is a formal request made by an applicant to the United States Patent and Trademark Office (USPTO) to continue the examination of a patent application after a final rejection or a notice of allowance has been issued.
You should file an RCE when you want to continue the examination of your patent application after receiving a final rejection or a notice of allowance. It allows you to present new arguments, amendments, or evidence to overcome the examiner’s objections or to further clarify your invention.
To file an RCE, you need to submit a completed Request for Continued Examination form (Form PTO/SB/05) along with the required fees to the USPTO. You should also include any amendments or arguments you wish to present to support your application.
The deadline for filing an RCE is within six months from the mailing date of the final rejection or the notice of allowance. It is important to file the RCE before the expiration of this deadline to avoid abandonment of your patent application.
Yes, you can file multiple RCEs for the same application. However, each RCE filing requires payment of additional fees. It is advisable to carefully consider the need for multiple RCEs and consult with a patent attorney to determine the best strategy for your application.
After filing an RCE, your application will be placed back in the queue for examination. The examiner will review your amendments, arguments, and any new evidence you have submitted. They will then issue a new office action, either allowing the application or providing further rejections or objections.
Yes, you can still appeal a final rejection even after filing an RCE. If you disagree with the examiner’s decision, you can file an appeal with the Patent Trial and Appeal Board (PTAB) within the specified time frame.
Yes, you can choose to abandon your application at any time, even after filing an RCE. However, the fees paid for the RCE filing are non-refundable.
Yes, you can request an extension of time to file an RCE if you are unable to meet the deadline. The USPTO allows for certain extensions, but they must be requested and justified in accordance with their guidelines.
No, you cannot file an RCE for a provisional patent application. RCEs are only applicable to non-provisional patent applications. If you wish to continue the examination of a provisional application, you must convert it into a non-provisional application before filing an RCE.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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