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