Can 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 file a continuing application or request for continued examination (RCE) (if applicable).

An RCE can be an effective way to continue prosecution of your application even after the reply period has expired. However, it’s important to file the RCE as soon as possible to avoid potential complications with abandonment.

To learn more:

Tags: patent prosecution, RCE, request for continued examination