What are the options for responding to a final rejection in a patent application?

According to MPEP 714.13, there are three main options for responding to a final rejection:

1. File an amendment: The amendment must comply with 37 CFR 1.116.
2. File a Notice of Appeal: This must be accompanied by the appeal fee.
3. File a Request for Continued Examination (RCE): This must be filed under 37 CFR 1.114 with a submission and the required fee.

The MPEP states:

“A reply under 37 CFR 1.113 is limited to: (A) an amendment complying with 37 CFR 1.116; (B) a Notice of Appeal (and appeal fee); or (C) a request for continued examination (RCE) filed under 37 CFR 1.114 with a submission (i.e., an amendment that meets the reply requirement of 37 CFR 1.111) and the fee set forth in 37 CFR 1.17(e).”

It’s important to note that RCE practice does not apply to design applications or utility/plant applications filed before June 8, 1995.

To learn more:

• final rejection response
• patent application
• Notice of Appeal
• RCE
• amendment after final