Does filing an RCE result in a new reissue application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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, filing a Request for Continued Examination (RCE) does not result in a new reissue application. The MPEP 1452 clearly states:
“An RCE continues the prosecution of the existing reissue application and is not a filing of a new reissue application.”
This means that the RCE simply allows for continued examination of the current reissue application rather than initiating a new one.