What is an RCE?

Answer

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. Most commonly, an RCE is used to continue examination of a patent application after the USPTO has issued a final rejection.

Although it is less common, an RCE can also be used to continue examination of a patent application after the USPTO has issued a notice of allowance. For example, if the applicant becomes aware of new prior art after the notice of allowance has issued, the applicant may amend the claims to overcome the new prior art by filing an RCE with the amendments.

RCE’s are not available for design applications. The equivalent of an RCE for design applications is a Continued Prosecution Application.

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