Which type of applications is eligible for a request for continued examination (RCE)?

A request for continued examination (RCE) is specifically designed for utility and plant patent applications. The RCE process allows applicants to continue examination of their application after a final rejection has been issued by the examiner. This is particularly important for applicants who believe that additional arguments or amendments may persuade the examiner to allow the application.

Utility and plant applications are subject to the traditional examination process wherein an examiner reviews the claims for patentability. An RCE permits the applicant to submit further amendments, arguments, or evidence without needing to file a new application, thus streamlining the process of addressing any issues raised by the examiner.

On the other hand, design applications have a different examination protocol, and a final rejection does not typically require the same type of follow-up as utility and plant applications. Provisional applications do not undergo examination, so RCE is not applicable in this context. International applications, while they can lead to national phase entries, are governed by the Patent Cooperation Treaty (PCT) guidelines and do not utilize the same RCE process as domestic applications.

Understanding the specific eligibility criteria for an RCE is crucial for applicants, as it directly impacts their strategy for pursuing patent protection.