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Doc Code: PTO/SB/30 (0209) Approved for use through 03/31/2009. OMB 06510031 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are

How to fill out request for continued examination

How to fill out a request for continued examination:

1. Start by downloading and filling out Form PTOL-413A, which is the Request for Continued Examination (RCE) form. This form can be found on the United States Patent and Trademark Office (USPTO) website.
2. Begin by providing your contact information at the top of the form, including your name, address, phone number, and email address. Ensure that this information is accurate and up to date.
3. Next, you'll need to provide the application number and the filing date of the patent or patent application for which you are submitting the RCE. You can find this information in previous correspondences with the USPTO or on the original filing receipt.
4. Indicate the current status of the application by checking the appropriate box. This could include whether the application is pending, abandoned, or subject to a notice of allowance.
5. If the application is currently pending, you will need to indicate the reasons for the request for continued examination. These reasons may include wanting to submit additional claims, arguments, or evidence to support patentability.
6. Explain the amendments or changes you wish to make to the application. This could include adding new claims, amending existing claims, or providing additional specifications.
7. If you are submitting the RCE on behalf of an assignee or a person to whom the inventor has an obligation to assign the patent rights, you must include a statement to that effect. Otherwise, you can skip this step.
8. Finally, sign and date the request form at the bottom. Make sure your signature matches the name provided at the top of the form.

Who needs a request for continued examination:

1. Inventors or patent applicants who wish to continue the examination process of a patent application after receiving a final rejection from the USPTO.
2. Individuals who want to make amendments or provide additional arguments or evidence to overcome the rejections and try to obtain a patent.
3. Companies or inventors who believe that their invention deserves further consideration or that new claims or specifications need to be added to the application.

Please note that it's always advisable to consult with a patent attorney or agent before submitting a request for continued examination to ensure that all requirements are met and that the best strategy is employed for your particular case.

For pdfFiller’s FAQs

What is request for continued examination?

Request for Continued Examination (RCE) is a procedure in patent law that allows an applicant to reopen examination of a patent application after prosecution has been closed.

Who is required to file request for continued examination?

The applicant is required to file a request for continued examination if they wish to continue prosecution of their patent application.

How to fill out request for continued examination?

The request for continued examination form must be completed with specific information about the patent application and any amendments or arguments that the applicant wishes to present.

What is the purpose of request for continued examination?

The purpose of a request for continued examination is to request further examination by the patent office in order to potentially overcome rejections or objections raised during initial examination.

What information must be reported on request for continued examination?

The request for continued examination must include the patent application number, name of the applicant, and any amendments or arguments the applicant wishes to present.

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