Can an RCE be filed for a reissue application of a patent filed before June 8, 1995?

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.

Yes, a Request for Continued Examination (RCE) can be filed for a reissue application even if the original patent application was filed before June 8, 1995. The MPEP 1452 clarifies:

“This applies even where the application, which resulted in the original patent, was filed before June 8, 1995.”

The key factor is that the reissue application itself must be filed on or after June 8, 1995, regardless of when the original patent application was filed.