Is a Request for Continued Examination (RCE) considered a new application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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, a Request for Continued Examination (RCE) is not considered a new application. The MPEP 203.01 clarifies this point: Note that a request for continued examination (RCE)(see 37 CFR 1.114) is not a type of new application filing. An RCE is a way to continue prosecution of an existing application after a final rejection, rather than starting a new application. For more details on RCEs, refer to MPEP § 706.07(h) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Continued Examination Not a New Application MPEP 203 Request for Continued Examination Is Not a New Application Filing MPEP 203.01 Status of Allowed Nonprovisional Applications MPEP 203 Required Notice of Allowability Form and Status Inquiries for Patents MPEP 203 Permitted Nonprovisional Application Before Examiner Action MPEP 203.01 Incomplete Application Requirement MPEP 203 Reconsideration and Examination After Response MPEP 706 Nonprovisional Application Before First Office Action MPEP 203 Amendment Before First Office Action Does Not Alter New Application Status MPEP 203.01 Amendment Before First Office Action Does Not Alter New Application Status MPEP 203 Other Related FAQs 5 FAQs Collapse What types of applications are considered &#8216;new&#8217; under MPEP 203.01? Does filing an amendment change the status of a &#8216;new&#8217; application? What is considered a &#8216;new&#8217; patent application? When does a patent application stop being considered &#8216;new&#8217;? What defines a &#8216;new&#8217; application according to the MPEP?