Does filing a Request for Continued Examination (RCE) affect the determination of the elected invention?

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.

No, filing a Request for Continued Examination (RCE) does not change the determination of the elected invention. According to MPEP 818.02(a):

“The claims originally presented and acted upon by the Office on their merits determine the invention elected by an applicant in the application, and in any request for continued examination (RCE) filed for the application.”

This means that even if an RCE is filed, the elected invention remains the same as it was determined based on the originally presented and examined claims. The RCE does not provide an opportunity to shift to a different invention without going through the proper channels for introducing claims to a non-elected invention.