What is the difference between a continuing application and an RCE when dealing with a late amendment?

When dealing with a late amendment, both continuing applications and Requests for Continued Examination (RCE) can be used, but they have different implications:

  • Continuing Application:
    • Starts a new application with a new filing date
    • Allows for changes to the specification and claims
    • May be subject to intervening prior art
    • Useful for significant changes or new matter
  • RCE:
    • Continues examination of the same application
    • Maintains the original filing date
    • Limited to amendments within the original disclosure
    • Typically faster and less expensive than a new application

The MPEP 714.17 mentions both options:

The applicant may file a continuing application or request for continued examination (RCE) (if applicable).

Choose based on your specific needs and the nature of your desired amendments.

To learn more:

Tags: continuing application, Late Amendment, Patent Prosecution Strategy, RCE