MPEP Q & A 330: Items the Technology Center will verify when a Request for Continuing Examination is initially processed.

Question:

Name two items the Technology Center will verify when a Request for Continuing Examination is initially processed.

Answer:

An RCE will be initially processed by the Technology Center (TC) assigned the application. Technical support personnel in the TC will verify that:

(A) the application is a utility or plant application (i.e., not a design application);
(B) the application was filed on or after June 8, 1995;
(C) prosecution in the application is closed (e.g., the last Office action is a final rejection, notice of allowance, or an Office action under Ex parte Quayle), or the application is under appeal);
(D) the RCE was filed before the payment of the issue fee or, if not, a petition under 37 CFR 1.313 to withdraw the application from issue was filed and granted;
(E) the application was pending (i.e., not patented or abandoned) when the RCE was filed;
(F) the RCE was accompanied by the proper fee(s) including the RCE fee;
(G) the RCE included a submission as required by 37 CFR 1.114; and
(H) if the application is a national stage application, a compliant inventor’s oath or declaration for each inventor was submitted prior to or with the RCE.

Chapter Details:

The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications.

The answer is from the 9th Edition, Revision 07.2022, Published February 2023. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 706.07(h) of the MPEP. The following is a brief summary of section 706.07(h).

706.07(h) Request for Continued Examination (RCE) Practice
Filing a request for continued examination (RCE) provides a means for the applicant to continue with the prosecution of his or her application if prosecution becomes closed. Choosing an RCE is an alternative to filing a continuing application under 37 C.F.R. 1.53(b) or a CPA under 37 C.F.R. 1.53(d). This section covers RCE practice in detail.