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(Message started by: Shayne on Sep 21st, 2006, 1:12pm)

Title: RCE
Post by Shayne on Sep 21st, 2006, 1:12pm
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.

???

Title: Re: RCE
Post by Isaac on Sep 21st, 2006, 1:51pm

on 09/21/06 at 13:12:01, 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.

???


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.

Title: Re: RCE
Post by Shayne on Sep 21st, 2006, 1:59pm
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?

Title: Re: RCE
Post by JimIvey on Sep 21st, 2006, 6:30pm
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#sect706.07h
[TinyURL: http://tinyurl.com/pwjkn]

Regards.

Title: Re: RCE
Post by Isaac on Sep 21st, 2006, 9:05pm

on 09/21/06 at 18:30:47, 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.



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