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…
Read MoreCan 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…
Read MoreWhat are the time limits for prioritized examination requests?
The time limits for prioritized examination requests vary depending on when the request is filed. According to MPEP 708.01: For original applications: The request must be present upon filing. However, the applicant has a one-month period from the first decision on the request to cancel any claims exceeding the limits (4 independent claims, 30 total…
Read MoreWhat 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 MoreHow can filing a Request for Continued Examination (RCE) lead to application abandonment?
Filing a Request for Continued Examination (RCE) can lead to application abandonment in several scenarios: Appeals with no allowed claims: MPEP 711.02(b) states, ‘Prior to a decision by the Board, an application on appeal that has no allowed claims may become abandoned when a Request for Continued Examination (RCE) is improperly filed without the appropriate…
Read MoreCan I file a request for continued examination (RCE) after the period for reply has expired?
Yes, you can file a request for continued examination (RCE) after the period for reply has expired, as long as the application hasn’t been abandoned for an extended period. The MPEP 714.17 states: An amendment filed after the expiration of the statutory period for reply to an Office action cannot be entered. The applicant may…
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