Q11: Other reasons for filing RCEs

Do you have other reasons for filing an RCE that you would like to share?

Q11: Other reasons for filing RCEs

Patent Term Adjustment (PTA) and the New Incentive for RCEs

One new problem that is just now rising comes from the Exelixis v. Kappos decision in the E.D.Va. Prior to that case, it was thought that RCE filing would have the negative effect of limiting patent term adjustment (PTA). However, that case held that a patentee will still be able to collect significant day-for-day PTA even when filing multiple RCEs. This provides a new incentive for applicants to be happy with delays ...more »

Submitted by (@denniscrouch)
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Q11: Other reasons for filing RCEs

Allow submission of IDS's After Final and After Allowance

A significant number of RCEs are filed as a result of references received in related applications, in foreign and US prosecution. If there were a procedure to allow the filing of an IDS during any phase of prosecution, a significant number of RCEs would be avoided. Especially for larger families of cases, the inability to submit references after a final action or allowance can lead to an infinite cycle of RCEs as references ...more »

Submitted by (@judiths)
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