What is the difference between a continuing application and an RCE when dealing with a late amendment?
When dealing with a late amendment, both continuing applications and Requests for Continued Examination (RCE) can be used, but they have different implications:
- Continuing Application:
- Starts a new application with a new filing date
- Allows for changes to the specification and claims
- May be subject to intervening prior art
- Useful for significant changes or new matter
- RCE:
- Continues examination of the same application
- Maintains the original filing date
- Limited to amendments within the original disclosure
- Typically faster and less expensive than a new application
The MPEP 714.17 mentions both options:
The applicant may file a continuing application or request for continued examination (RCE) (if applicable).
Choose based on your specific needs and the nature of your desired amendments.
To learn more: