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

A request for continued examination (RCE) is a mechanism that allows applicants to continue the prosecution of a patent application in light of a final rejection. This practice is particularly relevant for certain types of applications, specifically utility and plant applications, which encompass a wide range of inventions.

Utility and plant applications are eligible for RCE because they are subjected to examination by the United States Patent and Trademark Office (USPTO) under the standard examination procedures. When an applicant receives a final rejection for these types of applications, an RCE can be filed to reopen prosecution without the need for filing a new application. This is an important option for applicants seeking to address issues raised by the patent examiner or to present new arguments or amendments to their claims.

In contrast, design applications, while they can undergo a similar examination process, do not have the same provisions for RCE, as their prosecution rules differ significantly. Provisional applications are not eligible for RCE either, since they serve as a preliminary filing that cannot be examined. Likewise, international applications (PCT applications) follow a different process under the Patent Cooperation Treaty and do not go through the RCE process available for US utility and plant patents.

Understanding this eligibility is crucial for patent applicants, as it affects their ability