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Increased Delays Expected When Filing RCEs

The USPTO recently announced that it would implement internal changes to RCE docketing on Nov. 15, 2009, and will implement internal changes to the examiner count system by early 2010. These changes may significantly delay further examination of an application in which a RCE is filed, and consequently the ultimate issuance of a patent. To mitigate the effects of these changes, patent applicants may need to alter patent prosecution strategies going forward.

20 minute read December 18, 2009 at 03:08 PM
By
Melanie Reichenberger and Carlo Cotrone
Increased Delays Expected When Filing RCEs

At present, when a patent applicant files a Request for Continued Examination (“RCE”) during U.S. patent prosecution, the applicant can expect further action from the examiner within about the same amount of time it takes to receive a follow-up action to a regular, non-final office action, typically a few months.

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