Legal Definitions - request for continued examination

Request for Continued Examination (RCE)

In the context of patents, a Request for Continued Examination (RCE) is a procedural tool used by an applicant when their patent application has received a "final rejection" from the patent office.

A final rejection means the patent examiner has determined that, as currently presented, the invention does not meet the legal requirements for patentability. However, an RCE allows the applicant to effectively "reopen" the examination process.

By filing an RCE, the applicant can submit new amendments to their claims, provide additional arguments, or present new evidence to persuade the examiner that their invention is patentable. Crucially, an RCE keeps the original patent application alive and maintains its original filing date, avoiding the need to file an entirely new application.

Here are some scenarios where an RCE might be used:

• Scenario 1: Addressing Specific Claim Objections

  Imagine a startup has developed a novel water purification system. After several rounds of communication, the patent examiner issues a final rejection, stating that one particular claim in their application is too broad and overlaps with existing technology. The startup realizes they can narrow the scope of that claim by adding a specific, unique filter material they developed.

  How the RCE applies: Instead of abandoning the application, the startup files an RCE. This allows them to submit the revised claim language, clearly defining the unique filter material, along with arguments explaining how this amendment addresses the examiner's objection and makes their invention distinct and patentable. The patent office then re-examines the application with the new information.

• Scenario 2: Presenting New Supporting Evidence

  An independent inventor has applied for a patent on a new type of durable, self-healing coating for electronics. The patent examiner issues a final rejection, citing several pieces of "prior art" (existing inventions or publications) that they believe make the inventor's coating unpatentable. However, the inventor recently conducted new, compelling laboratory tests that unequivocally demonstrate superior performance characteristics not found in the cited prior art.

  How the RCE applies: The inventor can file an RCE to submit the results of these new lab tests as evidence. They would also include detailed arguments explaining why this new data proves their coating is novel and non-obvious compared to the prior art. The RCE ensures the examiner reviews this critical new information without the inventor having to start the entire patent process over.

• Scenario 3: Minor Adjustments to Overcome a Technicality

  A small company has designed an innovative, collapsible drone. The patent office issues a final rejection, noting a very minor technicality in the wording of one claim that, according to the examiner, makes it unclear or potentially anticipated by a very obscure, decades-old patent. The company can easily rephrase the claim to clarify its unique aspect without altering the core invention.

  How the RCE applies: Rather than letting the application lapse, the company files an RCE. This enables them to submit the slightly reworded claim, along with a brief explanation of how the new phrasing resolves the examiner's concern. The RCE provides a pathway to continue prosecution and secure the patent for their drone without significant delay or expense of a new application.