Can an applicant file a Request for Continued Examination (RCE) to switch inventions?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, an applicant cannot use a Request for Continued Examination (RCE) to switch inventions as a matter of right. The MPEP 819 clearly states: “In addition, the applicant cannot, as a matter of right, file a request for continued examination (RCE) on claims that are independent and distinct from the claims previously claimed and examined (i.e., applicant cannot switch inventions by way of an RCE as a matter of right).” This policy prevents applicants from circumventing the restriction process by using an RCE to introduce claims to a different invention. For more details on RCE practice, refer to MPEP § 706.07(h), subsection VI.(B) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse RCE Not Allowed for Distinct Claims MPEP 819 Prohibited Applicant Cannot Change Oral Election After Office Action MPEP 819 Prohibited Examiner May Permit Invention Claim Shift MPEP 819 Prohibited Applicants Cannot Change Election After Office Action MPEP 819 Permitted Prior Art Search for Claims MPEP 706 Review Claims with Prior Art MPEP 706 Recommended Examiner Must Clearly Articulate Rejections Early MPEP 706 Information Required Before First Office Action on Merits MPEP 706 Required Examiner Must Allow Properly Defined Invention Claims MPEP 706 Recommended Uniform Patentability Standards Must Be Met MPEP 706 Required Other Related FAQs 5 FAQs Collapse How does an election in a parent application affect a continued prosecution application (CPA) in design applications? Under what circumstances might an examiner permit a shift to claim another invention? Are there any more FAQs about MPEP 819 &#8211; Office Generally Does Not Permit Shift? Does a restriction requirement in a parent appli...