Podcast: Play in new window | Download
Subscribe: Apple Podcasts | RSS
Question:
After filing a request for continued examination (RCE), what are two conditions for an application to be granted PE-RCE prioritized examination status?
Answer:
A pending patent application in which a request for continued examination has been filed may be granted PE-RCE prioritized examination status under the following conditions:
- (A) The application must be a non-reissue utility or plant nonprovisional application, or one that has entered the national stage;
- (B) The publication fee must be paid for the application, either previously or with the request for prioritized examination;
- (C) The PE-RCE request may be filed concurrently with, or subsequently to, the filing of a request for continued examination (RCE). However, the PE-RCE request must be filed before the mailing of the first Office action after the filing of the RCE;
- (D) Only a single such request for prioritized examination for a request for continued examination may be granted in an application.
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 01.2024, published November 2024. 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 come from section 708.02(b) of the MPEP. The following is a brief summary of section 708.02(b).
708.02(b) Prioritized Examination
This section covers the details of prioritized examination. Included is a discussion on the requirements for requesting prioritized examination, prosecution of an application under prioritized examination, and the refund of the prioritized examination fee.