Can a patent owner file a request for continued examination (RCE) in ex parte reexamination?
No, a patent owner cannot file a request for continued examination (RCE) in ex parte reexamination. This is explicitly stated in MPEP § 2271:
“Both the patent owner and the examiner should recognize that a reexamination proceeding may result in the final cancellation of claims from the patent and that the patent owner does not have the right to renew or continue the proceedings by refiling under 37 CFR 1.53(b) or 37 CFR 1.53(d) or former 37 CFR 1.60 or 1.62, nor by filing a request for continued examination under 37 CFR 1.114.”
This limitation emphasizes the need for complete and thorough actions by both the examiner and the patent owner to reach a timely conclusion in the reexamination proceeding.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2271 - Final Action,
Patent Law,
Patent Procedure