MPEP Q & A 186: Name Types of Patents that May Not Use 37 C.F.R. 1.114

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Question:

Name two types of patents that may not use the provisions of 37 C.F.R. 1.114.

Answer:

The provisions of 37 C.F.R. 1.114 do not apply to the following types of patents:

  • design patent applications
  • provisional applications
  • applications filed before June 8, 1995
  • international applications filed before June 8, 1995
  • an international design application
  • reexamination patents

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 08.2017. 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 this section:

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.