How does the USPTO handle amendments that require additional searching after allowance?

How does the USPTO handle amendments that require additional searching after allowance? When an amendment after allowance requires additional searching, the USPTO typically withdraws the application from issue. The MPEP 1303.01 provides guidance on this: “Where an amendment requires further searching and consideration by the examiner, the amendment will be treated as an after final…

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How do I request prioritized examination for a request for continued examination (PE-RCE)?

To request prioritized examination for an RCE (PE-RCE), the following conditions must be met: The application must be a non-reissue utility or plant nonprovisional application The publication fee must be paid The PE-RCE request must be filed before the first Office action after filing the RCE Only one PE-RCE request may be granted per application…

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Can a first Office action be made final after filing a Request for Continued Examination (RCE)?

Yes, a first Office action can be made final after filing a Request for Continued Examination (RCE) under certain conditions. According to MPEP 706.07(b): “The claims of an application for which a request for continued examination (RCE) has been filed may be finally rejected in the action immediately subsequent to the filing of the RCE…

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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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How does a suspension of action affect continued prosecution applications (CPAs) or requests for continued examination (RCEs)?

Applicants can request a suspension of action for continued prosecution applications (CPAs) or requests for continued examination (RCEs) under specific conditions. According to MPEP 709, “Applicants may request a suspension of action by the Office under 37 CFR 1.103(b) or (c) for a period not exceeding three months in a continued prosecution application (CPA) filed…

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