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…

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What options do I have if my patent application becomes abandoned due to a late amendment?

If your patent application becomes abandoned due to a late amendment, you have several options: Petition to Revive: You can file a petition to revive the abandoned application, typically under 37 CFR 1.137. Request for Continued Examination (RCE): As mentioned in MPEP 714.17, you can file an RCE to continue prosecution. Continuing Application: You may…

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