MPEP Q & A 285: What don’t the provisions of 37 CFR 1.114 apply to?



What do the provisions of 37 CFR 1.114, request for continued examination, not apply to?


The provisions of 27 CFR 1.114, Request for continued examination, do not apply to:

  • (1) A provisional application;
  • (2) An application for a utility or plant patent filed under 35 U.S.C. 111(a) before June 8, 1995;
  • (3) An international application filed under 35 U.S.C.363 before June 8, 1995, or an international application that does not comply with 35 U.S.C. 371;
  • (4) An application for a design patent;
  • (5) An international design application; or
  • (6) A patent under reexamination.

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 10.2019. 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.

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