What are the reasons for filing an RCE as opposed to a continuation application?

質問

A lawyer friend recently mentioned that one is generally more favorable than the other. What exactly is the difference between an RCE an a continuation? When should we choose one over the other?

回答: 1 公開 & 0 非公開

Steven weinrieb
弁理士

One big difference between an RCE and a continuation application is that with an RCE, your application remains with the same examiner and prosecution picks up where it left off. Filing a continuation may delay examination of your continuation application and it may be examined by a different examiner which means you may truly have to start prosecution all over again because the new/different examiner may not be up to speed on all of the issues and amendments that you already discussed and argued during the previous prosecution.

A continuation is advisable if, for some reason, you are not truly pleased with the claims you may have gotten allowed in the previous application - you can then file a continuation application before the original application issues as a patent. You may get a different examiner and therefore you may have a chance at obtaining better claims. You will have to pay maintenance fees for both patents but then again, you can elect to have the original patent lapse by not paying the first maintenance fee and maintain the second/continuation patent because the claims are better.

最近の質問

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6115 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

発明や知的財産について質問はありますか?
既存の質問を検索するか、専門家ディレクトリで専門家に直接お問い合わせ下さい。
(このページでは、新規の公開質問は受け付けておりません。)