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Simple English definitions for legal terms
request for continued examination
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A quick definition of request for continued examination:
A request for continued examination is a way for inventors to keep their patent application alive even after receiving a final decision from the patent office. This allows them to make changes or add new information to show that their invention is still patentable. It is different from a continuation application because it does not create a new patent application. Instead, it allows the inventor to continue working on their original application. This process is abbreviated as RCE.
A more thorough explanation:
A request for continued examination is a process in patent law that allows an applicant to challenge a final decision on their patent application. This process enables the applicant to file amendments or new claims to demonstrate that their invention is patentable as of the original application date.
Unlike a continuation application, a request for continued examination keeps the patent application alive as if no final decision had been made. This means that the applicant can continue to pursue claims that were previously rejected in a final office action.
John has filed a patent application for his new invention, but the patent office has issued a final rejection. To challenge this decision, John files a request for continued examination. He submits new evidence and arguments to show that his invention is patentable. The patent office will then review John's submission and make a new decision on his application.
Another example could be a company that has filed a patent application for a new software program. The patent office has issued a final rejection, stating that the program is not novel or non-obvious. The company files a request for continued examination and submits new claims and arguments to demonstrate the uniqueness and non-obviousness of their program.
These examples illustrate how a request for continued examination can be used to challenge a final decision on a patent application and keep the application alive for further prosecution.