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Address to: Mail Stop RACE Commissioner for Patents P.O. Box 1450 Alexandria, VA 22313-1450 Request for Continued Examination (RACE) Transmittal PTO/SB/30 (07-09) Approved for use through 07/31/2012.
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How to fill out request for continued examination

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How to fill out request for continued examination:

01
Ensure that all necessary information is included in the request, such as the application number, the title of the invention, and the name and contact information of the applicant.
02
Include a brief explanation of the reasons for requesting continued examination, such as the need for additional time to address prior art references or to amend the claims.
03
Pay the required fee for the request, which can vary depending on the jurisdiction.
04
Submit the completed request along with any supporting documents or evidence, if applicable.
05
Follow any specific instructions provided by the patent office regarding the submission of the request and keep a copy of the submitted documents for future reference.

Who needs request for continued examination?

01
Applicants who have received a final rejection or a notice of allowance but want to make further amendments or arguments to gain patent protection for their invention.
02
Applicants who need additional time to address prior art references or to make changes to their claims.
03
Applicants who want to ensure that their application is fully examined and considered by the patent office before a final decision is made on its patentability.

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Request for continued examination (RCE) is a request made by an applicant for their patent application to be re-examined by a patent examiner after an initial examination has been completed. The request is made when an applicant believes that the examiner has failed to consider certain information or arguments that could affect the outcome of the examination. An RCE allows the applicant to submit additional information or arguments for the examiner to consider before making a final determination on the patent application.
The penalty for the late filing of a request for continued examination is a petition to revive the application, which will result in payment of a petition fee and submission of an affidavit or declaration of revival. Additionally, the applicant may be required to provide a showing of good and sufficient cause for the delay in filing.
The applicant or the patent owner is required to file a request for continued examination (RCE) with the relevant patent office. The RCE is used to request further examination of a patent application after the patent office has issued a final rejection or closing action on the application.
To fill out a Request for Continued Examination (RCE), you generally follow these steps: 1. Obtain the necessary forms: Visit the United States Patent and Trademark Office (USPTO) website to download Form PTO/SB/30, Request for Continued Examination (RCE) Transmittal Form. Additionally, ensure you have the application number and filing date of the affected patent application. 2. Fill out the transmittal form: Complete all the required information on the transmittal form, including the application number, filing date, applicant's contact information, and the number of RCEs previously filed for the application. 3. Pay the appropriate fees: Check the USPTO fee schedule to determine the current fee for filing an RCE. Ensure the fee payment accompanies the transmittal form. The USPTO accepts a variety of payment methods, including credit card payments or electronic fund transfer (EFT). 4. Prepare the RCE submission: Along with the transmittal form and fee payment, include an RCE submission. This submission can consist of any necessary amendments or responses to office actions. Ensure that any changes or amendments are clearly marked and labeled in the submission. 5. Prepare additional documentation (if needed): If you need to provide any additional documentation, such as supporting arguments or evidence, ensure that it is included in the RCE submission. Clearly label any additional documents and attach them securely to avoid any potential loss. 6. Submit the RCE documents: Once you have completed and assembled all the necessary documents, submit them to the USPTO for processing. You have the option to file online through the Electronic Filing System (EFS-Web) or mail the documents to the USPTO's address specified on the forms. 7. Keep a record: Maintain copies of all the submitted documents and proof of payment for your records. This will help you keep track of important dates and provide evidence of submission if needed. It is recommended to consult the USPTO's guidelines and instructions specific to the RCE process for further details and any changes that may have occurred since the time of this response.
The purpose of a Request for Continued Examination (RCE) is to request the United States Patent and Trademark Office (USPTO) to continue examining a patent application after a Final Rejection has been issued. It allows the applicant to respond to the issues raised in the Final Rejection and make amendments or provide additional arguments or evidence in support of the patentability of the invention. By filing an RCE, the applicant can continue the examination process and potentially overcome the rejection to ultimately obtain a granted patent.
The information that must be reported on a request for continued examination (RCE) typically includes the following: 1. Applicant Information: The name, address, and contact information of the applicant or the attorney/agent representing the applicant. 2. Application Details: The application number and filing date of the patent application to which the RCE relates. 3. Payment Information: The appropriate fee for requesting continued examination must be submitted along with the RCE. 4. Amendments: Any amendments or changes made to the specification, claims, or drawings after the previous office action must be included. These amendments will be considered by the examiner during the continued examination. 5. Arguments and Responses: Any arguments or responses to the previous office action or examiner's rejections must be included. This allows the applicant to present their position on the patentability of the claimed invention. 6. Information Disclosure Statement (IDS): Any relevant prior art references or information must be submitted as part of an IDS, which discloses all known prior art references that may be material to the examination of the application. 7. Declaration/Power of Attorney: If applicable, a signed declaration or power of attorney form may be required, indicating the legal authority of the applicant or their representative to act on behalf of the inventor. It is important to consult and follow the specific requirements of the relevant patent office or jurisdiction when filing an RCE, as the format and content may vary.
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