Does filing a request for continued examination (RCE) affect the application of AIA provisions?
No, filing a request for continued examination (RCE) does not affect the application of AIA provisions. The MPEP clearly states: “Note that neither the filing of a request for continued examination, nor entry into the national stage under 35 U.S.C. 371, constitutes the filing of a new application.” This means that even if you file an RCE on or after March 16, 2013, for an application that was originally filed before that date, the application remains subject to pre-AIA 35 U.S.C. 102 and 103.
For more information on RCEs, refer to 37 CFR 1.114.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2150 - Examination Guidelines For 35 U.S.C. 102 And 103 As Amended By The First Inventor To File Provisions Of The Leahy - Smith America Invents Act,
Patent Law,
Patent Procedure