Does filing a request for continued examination (RCE) change the applicable patent laws?
No, filing a request for continued examination (RCE) does not change the applicable patent laws for an application. The MPEP 2159.01 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. Accordingly, even if a request for continued examination under 37 CFR 1.114 is filed on or after March 16, 2013, in an application that was filed before March 16, 2013, the application remains subject to pre-AIA 35 U.S.C. 102 and 103.”
This means that the original filing date of the application determines which laws apply, regardless of subsequent RCE filings.
To learn more:
Topics:
2013,
MPEP 2100 - Patentability,
MPEP 2159.01 - Applications Filed Before March 16,
Patent Law,
Patent Procedure