The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Jan 31st, 2023, 11:38pm

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 Filing
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: RCE Filing  (Read 1535 times)
Rick L.
Guest
RCE Filing
« on: Mar 14th, 2007, 10:10am »
Quote Quote Modify Modify Remove Remove

I have a question on the RCE.   I am in final office action, can I just fill out the form for an RCE and send it in or do I have to attach my application to it and indicate that it is a RCE.  i am responding with argument/amendment, but logistically speaking, is it just like an office action response?
IP Logged
Rick L.
Guest
Re: RCE Filing
« Reply #1 on: Mar 14th, 2007, 10:18am »
Quote Quote Modify Modify Remove Remove

Can I send via EFS?
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: RCE Filing
« Reply #2 on: Mar 14th, 2007, 12:27pm »
Quote Quote Modify Modify

I'd start by reviewing the form for RCE very carefully.  It sets forth the requirements.  You don't need to include the application itself.  It's not really a new filing of the application but more like a petition and fee to remove the finality of the last Office Action.
 
You can file by EFS-web.
 
Regards.
IP Logged

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




   


Posts: 456
Re: RCE Filing
« Reply #3 on: Mar 15th, 2007, 9:38am »
Quote Quote Modify Modify

As a side note, how do you deal with the status identifiers in RCE or CPA practice? Logically it would seem that all the claims are just continued from before because it is not a new application, however, a CPA is a new application, what happens then?
IP Logged
JimIvey
Moderator
Senior Member
*****




  jamesdivey  
WWW

Posts: 2584
Re: RCE Filing
« Reply #4 on: Mar 15th, 2007, 11:11am »
Quote Quote Modify Modify

CPAs are no longer available and haven't been for almost 4 years.  So, you'd be safe to limit yourself to thinking about RCEs.
 
As I said, an RCE is effectively a petition and fee to remove the finality of the prior Office Action.  Use the claim status identifiers as such, as if your response is just another in the same application.  An RCE is not a new application.
 
Regards.
IP Logged

--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Pages: 1 2  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