MPEP § 1452 — Request for Continued Examination of Reissue Application (Annotated Rules)
§1452 Request for Continued Examination of Reissue Application
This page consolidates and annotates all enforceable requirements under MPEP § 1452, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Request for Continued Examination of Reissue Application
This section addresses Request for Continued Examination of Reissue Application. Primary authority: 37 CFR 1.114. Contains: 1 guidance statement, 1 permission, and 2 other statements.
Key Rules
RCE Filing Requirements
A request for continued examination (RCE) under 37 CFR 1.114 is available for a reissue application for reissue of a utility or plant patent filed on or after June 8, 1995. This applies even where the application, which resulted in the original patent, was filed before June 8, 1995.
An RCE continues the prosecution of the existing reissue application and is not a filing of a new reissue application. Thus, the filing of an RCE will not be announced in the Official Gazette. Additionally, if a reissue application is merged with a reexamination proceeding (see MPEP § 1449.01), the filing of an RCE will not dissolve the merger, because the reissue application does not become abandoned. The Office, however, may choose to dissolve the merger based on the individual facts and circumstances of the case, e.g., to promote the statutorily mandated requirement for special dispatch in reexamination. Applicants should refer to the merger decision for guidance because it governs for that application.
Reissue and Reexamination
An RCE continues the prosecution of the existing reissue application and is not a filing of a new reissue application. Thus, the filing of an RCE will not be announced in the Official Gazette. Additionally, if a reissue application is merged with a reexamination proceeding (see MPEP § 1449.01), the filing of an RCE will not dissolve the merger, because the reissue application does not become abandoned. The Office, however, may choose to dissolve the merger based on the individual facts and circumstances of the case, e.g., to promote the statutorily mandated requirement for special dispatch in reexamination. Applicants should refer to the merger decision for guidance because it governs for that application.
Statutory Authority for Examination
Citations
| Primary topic | Citation |
|---|---|
| RCE Filing Requirements | 37 CFR § 1.114 |
| RCE Filing Requirements Reissue and Reexamination Statutory Authority for Examination | MPEP § 1449.01 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1452 — Request for Continued Examination of Reissue Application
Source: USPTO1452 Request for Continued Examination of Reissue Application [R-08.2017]
A request for continued examination (RCE) under 37 CFR 1.114 is available for a reissue application for reissue of a utility or plant patent filed on or after June 8, 1995. This applies even where the application, which resulted in the original patent, was filed before June 8, 1995.
An RCE continues the prosecution of the existing reissue application and is not a filing of a new reissue application. Thus, the filing of an RCE will not be announced in the Official Gazette. Additionally, if a reissue application is merged with a reexamination proceeding (see MPEP § 1449.01), the filing of an RCE will not dissolve the merger, because the reissue application does not become abandoned. The Office, however, may choose to dissolve the merger based on the individual facts and circumstances of the case, e.g., to promote the statutorily mandated requirement for special dispatch in reexamination. Applicants should refer to the merger decision for guidance because it governs for that application.