Does filing a request for continued examination (RCE) affect the application of AIA provisions?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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 affect the application of AIA provisions. The MPEP clearly states: “ Note that neither the filing of a request for continued examination, nor entry into the national stage under 35 U.S.C. 371, constitutes the filing of a new application. ” This means that even if you file an RCE on or after March 16, 2013, for an application that was originally filed before that date, the application remains subject to pre-AIA 35 U.S.C. 102 and 103. For more information on RCEs, refer to 37 CFR 1.114 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendments Subject to Appeal Provisions MPEP 706 Complete Examination for All Patentability Requirements MPEP 2106.07(a) Recommended Information Required Before First Office Action on Merits MPEP 706 Required Uniform Patentability Standards Must Be Met MPEP 706 Required Patentability Issues Must Be Resolved Before Allowance MPEP 706 Recommended Office Actions Notified to Applicant/Patent Owner MPEP 706 Permitted Notification of Office Actions After First Examination MPEP 706 Permitted Rejoined Claims Must Be Supported by Description MPEP 706.07(a) Permitted Reconsideration and Examination After Response MPEP 706 Prior Art Search for Claims MPEP 706 Other Related FAQs 5 FAQs Collapse What are the key changes to 35 U.S.C. 102 and 103 introduced by the Leahy-Smith America Invents Act (AIA)? How do I determine if my patent application is subject to pre-AIA or AIA provisions? How does submitting new matter after March 16, 2013, affect an application&#8217;s pre-AIA status? How are PCT applications treated under the AIA provisions? When do pre-AIA 35 U.S.C. 102 and 103 apply to ...