Legal Definitions - RCE

RCE stands for REQUEST FOR CONTINUED EXAMINATION.

A Request for Continued Examination (RCE) is a procedural tool available to applicants seeking a patent in the United States. After the United States Patent and Trademark Office (USPTO) has issued a final rejection of a patent application, an applicant can file an RCE to continue the examination process. This allows the applicant to submit further arguments, amendments to the claims, or new evidence for consideration by the patent examiner. Filing an RCE prevents the application from becoming abandoned and provides another opportunity for the applicant to secure patent protection for their invention.

• Example 1: Amending Claims After Final Rejection

  Imagine a small startup has developed a unique sensor for smart home devices. After several rounds of communication, the patent examiner issues a final rejection, stating that one of the key claims is too broad and overlaps with existing technology. To overcome this, the startup's patent attorney decides to narrow the scope of that specific claim by adding more detailed limitations. Instead of appealing the decision, they file an RCE, submitting the amended claim language and a detailed explanation of how the changes differentiate their invention from the cited prior art. This allows the examiner to reconsider the application with the new, more precise claims.

  This example illustrates how an RCE is used to submit amendments to the patent claims after a final rejection, providing the applicant another chance to define their invention in a patentable way.

• Example 2: Introducing New Experimental Data

  A biotechnology company has applied for a patent on a novel method for drug delivery. The patent examiner issues a final rejection, arguing that the application lacks sufficient experimental data to demonstrate the claimed improved efficacy of the delivery method. The company then conducts additional laboratory tests that generate compelling new data supporting their claims. To present this new evidence to the examiner and continue the application's review, they file an RCE, along with the new experimental results and an updated specification explaining their significance.

  This example demonstrates using an RCE to introduce new substantive evidence or data that was not available or presented earlier, directly addressing the examiner's concerns about the invention's effectiveness or novelty.

• Example 3: Responding to Newly Discovered Prior Art

  An independent inventor has created a new type of ergonomic office chair. After receiving a final rejection based on certain existing chair designs, the inventor's patent agent discovers a newly published academic paper describing a similar ergonomic principle, which was not cited by the examiner but could potentially be seen as relevant prior art. To proactively address this and provide arguments distinguishing their invention, the patent agent files an RCE. They submit a detailed explanation of why the newly discovered paper does not invalidate their claims, ensuring the examiner considers this perspective and has all relevant information before making a final decision.

  This example shows an RCE being used to submit new arguments or information, even if not directly requested, to clarify the invention's patentability in light of potentially relevant information that has come to light.