Does filing a request for continued examination (RCE) change an application’s status under pre-AIA or AIA rules?

No, filing a request for continued examination (RCE) does not change an application’s status under pre-AIA or AIA rules. The MPEP clearly states: Accordingly, such an application remains subject to pre-AIA 35 U.S.C. 102 and 103 even if a request for continued examination under 37 CFR 1.114 is filed on or after March 16, 2013, in an application that was filed before March 16, 2013.

This means that the original filing date of the application determines which law applies, regardless of when an RCE is filed. This is crucial for patent attorneys and examiners to understand when determining the applicable prior art and patentability criteria for an application.

To learn more:

• RCE
• request for continued examination
• pre-AIA
• AIA
• patent application status