What is the difference between a continuing application and an RCE when dealing with a late amendment?

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.

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.