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This document provides detailed guidance on how to file a Request for Continued Examination (RCE) after prosecution in a patent application has closed. It outlines the situations when an RCE can be
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How to fill out request for continued examination
How to fill out Request for Continued Examination
01
Obtain the appropriate Request for Continued Examination (RCE) form from the USPTO website.
02
Fill in the application number for the application you wish to continue.
03
Indicate the status of the application, including any previous office actions.
04
Provide a statement of the reasons for requesting the continued examination.
05
Include any necessary amendments to claims, if applicable.
06
Pay the required fee associated with the RCE submission.
07
Submit the completed RCE form along with all documents to the USPTO.
Who needs Request for Continued Examination?
01
Applicants whose patent applications have been rejected in an office action.
02
Inventors who want to overcome specific rejections from the examiner.
03
Individuals seeking to continue prosecution after receiving a final rejection.
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People Also Ask about
What is the 2 month rule for MPEP?
An RCE is a request for continued examination, which allows the applicant to continue to pursue a utility patent on an application for which the United States Patent and Trademark Office has closed prosecution. Filing an RCE requires an additional fee, similar to the initial filing fee.
What is a request for continued examination?
MPEP §§ 809.02(a) and 817. (B) When a reply by an applicant for a nonfinal Office action is bona fide but includes an inadvertent omission, the examiner may set a 2 month shortened statutory time period to correct the omission . MPEP §§ 710.01 and 714.03.
What is a request for examination?
After filing your standard patent application, you have five years in which to request to have your patent examined. If you request to have this examination done, without being directed to do so, this is called a voluntary request for examination.
What is the 2 month rule for MPEP?
MPEP §§ 809.02(a) and 817. (B) When a reply by an applicant for a nonfinal Office action is bona fide but includes an inadvertent omission, the examiner may set a 2 month shortened statutory time period to correct the omission . MPEP §§ 710.01 and 714.03.
What happens after filing rce?
What happens after an RCE is filed? An examiner might allow your patent application. If not, the examiner will issue another Office Action which would typically be non-final, especially if the applicant introduced additional claim amendments and/or new arguments.
What is an rce form?
Such a request is made on Form 18 along with the fee specified in the first schedule of the Patents Act. The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier.
Why file an rce?
For instance, patent prosecution is complete once a final office action is received. The prosecution of the patent application is reopened and the examination is reopened, upon the filing of an RCE. The patent application will be abandoned if the RCE is not filed.
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What is Request for Continued Examination?
A Request for Continued Examination (RCE) is a procedure in U.S. patent law that allows an applicant to continue the examination of a pending patent application after the applicant has received a final rejection from the United States Patent and Trademark Office (USPTO).
Who is required to file Request for Continued Examination?
The applicant or their authorized representative is required to file the Request for Continued Examination when they wish to continue the examination of a patent application after a final rejection.
How to fill out Request for Continued Examination?
To fill out a Request for Continued Examination, the applicant must complete a specific form (typically Form PTO/SB/30) and provide any necessary fees, along with a submission of additional claims, amendments, or arguments that address the issues raised in the final rejection.
What is the purpose of Request for Continued Examination?
The purpose of a Request for Continued Examination is to give applicants a mechanism to further argue their case and potentially secure a patent after receiving a final rejection, thus allowing for the possibility of overcoming any identified issues.
What information must be reported on Request for Continued Examination?
The Request for Continued Examination must include the application number, the required fee, and any additional information such as amended claims, a statement outlining the changes made, and any other necessary correspondence to clarify the applicant's position.
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