What are the conditions for restarting prioritized examination after a request for continued examination (RCE)?
What are the conditions for restarting prioritized examination after a request for continued examination (RCE)?
Prioritized examination can be restarted after an RCE under specific conditions. According to MPEP 708.02(b):
“If an applicant files a request for continued examination (RCE) under 37 CFR 1.114 with a request for prioritized examination under 37 CFR 1.102(e) and the RCE is accompanied by a proper prioritized examination fee under 37 CFR 1.17(c), the application will be eligible for prioritized examination.”
This means that to restart prioritized examination after an RCE, the applicant must:
- File an RCE under 37 CFR 1.114
- Submit a new request for prioritized examination
- Pay the required prioritized examination fee
It’s important to note that the application must still meet all other requirements for prioritized examination, including the limit on the number of independent claims and total claims.
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