Q6: RCEs after final rejections

When considering how to respond to a final rejection, what factor(s) cause you to favor the filing of an RCE?

Q6: RCEs after final rejections

Forwarding to Examiner time impacting Extension of Time Fee

The extension of time cost can become significant relative to the RCE fee, making it more likely we would more quickly file an RCE. Especially when the legal instrument person has taken 1-1.5+ months to officially forward our amendment/response to the Examiner (which starts the Examiner clock at that time). Forwarding to the Examiner needs to reliably take only a few days (not weeks or months).

Submitted by (@inventor0875)
Add your comment

Voting

1 vote
1 up votes
0 down votes
Active

Q6: RCEs after final rejections

Allow Examiners to conduct an additional search after final

Between myself and fellow practitioners, I know of too many instances where an Examiner refuses entry of an after final amendment on the grounds that it will require an additional search, only to then allow the case on first action after an RCE. (This happens, by the way, even when the claim amendments after final include nothing more than that which was within the scope of original claims anyway, which is a bit ridiculous). ...more »

Submitted by (@charlesrattner)
1 comment

Voting

5 votes
5 up votes
0 down votes
Active

Q6: RCEs after final rejections

Appeal time is too long

I generally favor an RCE over an appeal because I might be able to resolve the case faster with an RCE as opposed to an appeal. If the appeal process were faster, I might favor an appeal, instead.

Submitted by
1 comment

Voting

7 votes
7 up votes
0 down votes
Active