Request for Continued Examination. First established by the AIPA, RCEs enable a patent applicant to extend his or her efforts to obtain the patent after final rejection of the application by the examiner. By paying a fee and filing an RCE, an applicant can start over. There is no limit to the number of RCEs that an applicant can file. Like continuations, RCEs have been criticized for allowing applicants to wear down examiners, and for creating backlog at the USPTO. Notably, the patent bar resisted efforts by the USPTO to reform continuation and RCE abuse between 2007 and 2009.
More Posts
Tuesday Markup of Litigation Funding Legislation
Although John Squires is busy destroying the PTAB—as of last week, he has now gone 0 for 34 on allowing institution of IPR petitions he reviews—the story in Congress is more positive. Tomorrow, t...
Step 1: Destroy IPR. Step 2: ??? Step 3: Profit.
Last week, the USPTO issued a Notice of Proposed Rulemaking (NPRM) containing major changes to the institution process for inter partes review. Combined with other changes made by the USPTO, inc...
Capable of Repetition, But Avoiding Review—USPTO New Regulation Not Reviewed By OIRA
The USPTO has put out a new NPRM, attempting to lock in place rules that were created without going through rulemaking in the prior Trump administration. While I have a lot to say about the substance...