What is the impact of filing a Request for Continued Examination (RCE) on patent term adjustment?

Filing a Request for Continued Examination (RCE) after a notice of allowance has been mailed can result in a reduction of patent term adjustment. According to 37 CFR 1.704(c)(12): “Submission of a request for continued examination under 35 U.S.C. 132(b) after any notice of allowance under 35 U.S.C. 151 has been mailed as constituting a…

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Does filing a request for continued examination (RCE) change an application’s status under pre-AIA or AIA rules?

No, filing a request for continued examination (RCE) does not change an application’s status under pre-AIA or AIA rules. The MPEP clearly states: Accordingly, such an application remains subject to pre-AIA 35 U.S.C. 102 and 103 even if a request for continued examination under 37 CFR 1.114 is filed on or after March 16, 2013,…

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What happens if a patent owner files a request for continued examination (RCE) in a merged proceeding?

When a patent owner files a request for continued examination (RCE) in a merged reissue and reexamination proceeding, it has significant consequences. The MPEP states: If applicant/patent owner files a request for continued examination (RCE) of the reissue application under 37 CFR 1.114 (which may be filed on or after May 29, 2000 for an…

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Does filing a Request for Continued Examination (RCE) affect the determination of the elected invention?

No, filing a Request for Continued Examination (RCE) does not change the determination of the elected invention. According to MPEP 818.02(a): “The claims originally presented and acted upon by the Office on their merits determine the invention elected by an applicant in the application, and in any request for continued examination (RCE) filed for the…

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What happens to the publication fee if I file a Request for Continued Examination (RCE) after receiving a Notice of Allowance?

If you file a Request for Continued Examination (RCE) after receiving a Notice of Allowance but before the three-month payment period expires, the due date for the publication fee will be suspended. The MPEP states: “If applicant files a request for continued examination (RCE) under 37 CFR 1.114 after a Notice of Allowance and Fee(s)…

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