The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Apr 18th, 2021, 11:22am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Filing and Prosecution
(Moderators: Forum Admin, JimIvey, JSonnabend)
   RCE
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: RCE  (Read 2133 times)
Shayne
Guest
RCE
« on: Sep 21st, 2006, 1:12pm »
Quote Quote Modify Modify Remove Remove

When can I file an RCE - anytime after final (twice)rejected claims?  Is it cheaper to file before the 1st month the appeal brief is due or does that (time) not have anything to do with cost?  Is there a site at the PTO where I can look this stuff up?  Thank you.
 
 Huh
IP Logged
Isaac
Senior Member
****




   


Posts: 3472
Re: RCE
« Reply #1 on: Sep 21st, 2006, 1:51pm »
Quote Quote Modify Modify

on Sep 21st, 2006, 1:12pm, Shayne wrote:
When can I file an RCE - anytime after final (twice)rejected claims?  Is it cheaper to file before the 1st month the appeal brief is due or does that (time) not have anything to do with cost?  Is there a site at the PTO where I can look this stuff up?  Thank you.
 
 Huh

 
You seem to be confused.  You file an RCE when the examiner tells you that your response to a final rejection does not put the application in condition for allowance.  At that point there is no reason to count how many times your claims have been rejected.   If your claims have been rejected 17 times, but the case is non-final, you would not file an RCE.   Instead, donate the money to your favorite church, civic group, or charity.
 
You might however elect to file a notice of appeal  if you have twice rejected claims even if the Office Action is non final.
 
It is cheapest to file the RCE before the shortened statutory period runs out, but that is not always possible.
 
You can look these things up in the MPEP.   In particular you can start looking at the section on after final practice.
 
I hope this helps.
« Last Edit: Sep 21st, 2006, 1:58pm by Isaac » IP Logged

Isaac
Shayne
Guest
Re: RCE
« Reply #2 on: Sep 21st, 2006, 1:59pm »
Quote Quote Modify Modify Remove Remove

Thanks, I was confused.  What is the shortened statutory period?  Does that have to do with the appeal brief?  What is the difference in cost and where can I look up the fees?
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: RCE
« Reply #3 on: Sep 21st, 2006, 6:30pm »
Quote Quote Modify Modify

Shortened statutory period:  By statute, you have 6 months to respond.  The Office has the option of shortening that period -- and they often do, to 3 months typically.  Thus, you could extend your time to respond up to 3 additional months, but never beyond the statutory limit of 6 months.
 
The shortened statutory period can apply to appeal briefs (in fact, it's 2 months with up to 4 months of extension available).  But it can apply elsewhere and applies just about everywhere.
 
Fees are here:
http://www.uspto.gov/web/offices/ac/qs/ope/fees.htm
 
Here's how to find out more about RCEs.  Start with the MPEP:
http://www.uspto.gov/web/offices/pac/mpep/index.htm
 
Go to the subject matter index:
http://www.uspto.gov/web/offices/pac/mpep/documents/smi.htm
 
Look up RCE:
http://www.uspto.gov/web/offices/pac/mpep/documents/0700_706_07_h.htm#se ct706.07h
[TinyURL: http://tinyurl.com/pwjkn]
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Isaac
Senior Member
****




   


Posts: 3472
Re: RCE
« Reply #4 on: Sep 21st, 2006, 9:05pm »
Quote Quote Modify Modify

on Sep 21st, 2006, 6:30pm, JimIvey wrote:
Shortened statutory period:  By statute, you have 6 months to respond.  The Office has the option of shortening that period -- and they often do, to 3 months typically.  Thus, you could extend your time to respond up to 3 additional months, but never beyond the statutory limit of 6 months.

 
Just to make explicit what Jim is saying implicitly, responses outside of the shortened statutory period require a fee for extension of time while those inside the shortened statutory period do not.  
 
After the statutory period, something other than a mere paying of a fee is required to recover when recovery is even possible.
 
I hope you will take my invitation to look at the relevant portions of the MPEP if you are not able to get professional help with your application.
IP Logged

Isaac
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board