What are the conditions for restarting prioritized examination after a request for continued examination (RCE)?
What are the conditions for restarting prioritized examination after a request for continued examination (RCE)? Prioritized examination can be restarted after an RCE under specific conditions. According to MPEP 708.02(b): “If an applicant files a request for continued examination (RCE) under 37 CFR 1.114 with a request for prioritized examination under 37 CFR 1.102(e) and…
Read MoreWhat are the requirements for a compliant Prioritized Examination request?
A compliant Prioritized Examination request must meet the following requirements: The application must be a utility or plant nonprovisional application. The request must be filed with the application or with a Request for Continued Examination (RCE). The application must contain no more than 4 independent claims and 30 total claims. The request must include the…
Read MoreCan I request prioritized examination for a PCT application entering the national stage?
Prioritized examination is not directly available for PCT applications entering the national stage under 35 U.S.C. 371. However, there are two alternative approaches: File a request for continued examination (RCE) after national stage entry and then request prioritized examination for the RCE. File a bypass continuation application under 35 U.S.C. 111(a) claiming priority to the…
Read MoreCan I get a refund if my request for prioritized examination is dismissed?
Yes, if your request for prioritized examination is dismissed, the prioritized examination fee will be automatically refunded. However, the processing fee will be retained. The MPEP states: If a request for prioritized examination is dismissed, the prioritized examination fee set forth in 37 CFR 1.17(c) will be refunded. This fee will be refunded automatically (if…
Read MoreHow does filing a petition to make special affect prioritized examination status?
How does filing a petition to make special affect prioritized examination status? Filing a petition to make special can affect the prioritized examination status of an application. The MPEP 708.02(b) states: “If an applicant files a petition to make special under 37 CFR 1.102(c) or (d) while a request for prioritized examination under 37 CFR…
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