筆記
RCE往往被視為是收到USPTO的Final Office Action（針對一般新申請案審查階段；以下規定不適用複審審查階段(reexamination)）後的後續程序之一，其他運用RCE的策略還有在眾多考慮下想要延續專利申請案處於pending（避免被close）下的措施，以及在訴願（Appeal）提出後，可以藉此撤回訴願，重新開啟審查程序（reopen prosecution）的措施。
而針對申請案面臨Final Rejection、Appeal時提出RCE可以做的事情包括（但不限制）：提交IDS、修正專利說明書、申請專利範圍、圖式、可提交新的答辯意見，或是關於專利性的證據等。
37 CFR § 1.114 - Request for continued
examination.
§ 1.114 Request for continued
examination.
(a) If
prosecution in an application is closed, an applicant may request continued examination of the
application by filing a submission and the fee set forth in §
1.17(e) prior to the earliest of:
(1) Payment
of the issue fee, unless a petition under § 1.313 is granted;
(2) Abandonment
of the application; or
(3) The
filing of a notice of appeal to the U.S. Court of Appeals for the Federal
Circuit under 35 U.S.C. 141, or the commencement of a civil action
under 35 U.S.C. 145 or 146, unless the appeal or civil
action is terminated.
(b) Prosecution
in an application is closed as used in this section means that the application
is under appeal, or that the last Office
action is a final action (§ 1.113), a notice of allowance (§ 1.311), or an
action that otherwise closes prosecution in
the application.
(c) A
submission as used in this section includes, but
is not limited to, an information disclosure statement, an amendment to the written description, claims, or drawings,
new arguments, or new evidence in
support of patentability. If reply to an Office action under 35
U.S.C. 132 is outstanding, the submission must meet
the reply requirements of § 1.111.
(d) If
an applicant timely files a submission and fee set forth in §
1.17(e), the Office will withdraw the
finality of any Office action and the submission will be entered
and considered. If an applicant files a request for continued
examination under this section after appeal, but prior to a decision on the
appeal, it will be treated as a request to withdraw the appeal and to reopen
prosecution of the application before the examiner. An appeal brief (§ 41.37 of this
title) or a reply brief
(§ 41.41 of
this title), or related papers, will not be considered a submission under this
section.
(e) The
provisions of this section do not apply to:
(1) A
provisional application;
(2) An
application for a utility or plant patent filed under 35 U.S.C. 111(a) before
June 8, 1995;
(3) An international
application filed under 35 U.S.C. 363 before
June 8, 1995, or an international
application that does not comply with 35 U.S.C. 371;
(4) An
application for a design patent;
(5) An
international design application; or
(6) A
patent under reexamination.
沒有留言:
張貼留言