I. CONDITIONS FOR FILING AN RCE

The provisions of 37 CFR 1.114 apply to utility or plant applications filed under 35 U.S.C. 111(a) on or after June 8, 1995, or international applications filed under 35 U.S.C. 363 on or after June 8, 1995. The RCE provisions of 37 CFR 1.114 do not apply to:

(A) a provisional application;

(B) an application for a utility or plant patent filed under 35 U.S.C. 111(a) before June 8, 1995;

(C) an international application filed under 35 U.S.C. 363 before June 8, 1995;

(D) an application for a design patent; or

(E) a patent under reexamination.

Request for Continued Examination (RCE)

The second type of response to a final rejection that is considered fully responsive is a RCE. An RCE is a type of continuing application. The RCE allows the applicant to file a second application to keep the prosecution of the first parent application alive after it has received a final rejection. The RCE application stays with the same Examiner that was reviewing the parent application and keeps the same serial number, yet the final rejection of the first parent application is removed. RCE's can be thought of as simply paying an additional fee to buy another full examination of the application.