What is a Request for Continued Examination (RCE) in the context of reissue applications?
A Request for Continued Examination (RCE) is a procedure available for reissue applications of utility or plant patents filed on or after June 8, 1995. According to MPEP 1452:
“A request for continued examination (RCE) under 37 CFR 1.114 is available for a reissue application for reissue of a utility or plant patent filed on or after June 8, 1995. This applies even where the application, which resulted in the original patent, was filed before June 8, 1995.”
An RCE allows for the continuation of prosecution in an existing reissue application rather than filing a new one.
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