How can filing a Request for Continued Examination (RCE) lead to application abandonment?

Filing a Request for Continued Examination (RCE) can lead to application abandonment in several scenarios:

1. Appeals with no allowed claims: MPEP 711.02(b) states, ‘Prior to a decision by the Board, an application on appeal that has no allowed claims may become abandoned when a Request for Continued Examination (RCE) is improperly filed without the appropriate fee or a submission (37 CFR 1.114(d)) in the application.’
2. Improper RCE with outstanding final Office action: The MPEP notes, ‘When a reply to a final Office action is outstanding, an application may become abandoned if an RCE is filed without a timely submission that meets the reply requirements of 37 CFR 1.111.’
3. Improper RCE before issue fee payment: ‘Prior to payment of the issue fee, an allowed application may become abandoned if an RCE is improperly filed without the appropriate fee or a submission in the application.’

In all these cases, an improper RCE filing does not toll the time period for reply or fee payment, potentially resulting in abandonment. Applicants should ensure proper RCE filings to avoid unintentional abandonment.

To learn more:

• Request for Continued Examination
• RCE
• Application Abandonment
• Patent Prosecution