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If the date the applicant first became aware of the new prior art was more than 3 months from the date of the IDS to be filed, then the applicant must file an RCE in order to submit the IDS.
An RCE is a request for continued examination, which allows the applicant to continue to pursue a utility patent on an application for which the United States Patent and Trademark Office has closed prosecution. Filing an RCE requires an additional fee, similar to the initial filing fee.
Requests for Continued Examination (RCE) is a part of how to patent an idea and asks a patent examiner to review a patent application after the inventor has made necessary changes to an original application. It's one of the last steps in the patent application process.
When should an RCE be filed? An RCE makes sense when an applicant has received a Final Office Action and desires to make further claim amendments and/or arguments.
Answer. An RCE is a request for continued examination, which allows the applicant to continue to pursue a utility patent on an application for which the United States Patent and Trademark Office has closed prosecution. Filing an RCE requires an additional fee, similar to the initial filing fee.

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The USPTO is looking for feedback from the public to help us reduce our backlog of patent applications associated with a Request for Continued Examination (RCE). An RCE is a request by an applicant to reopen prosecution of the patent application after prosecution of the application is closed.
A request for continued examination (RCE) under 37 CFR 1.114 is available for a reissue application for reissue of a utility or plant patent filed on or after June 8, 1995. This applies even where the application, which resulted in the original patent, was filed before June 8, 1995.
A request for an RCE can only be filed after issuance of a Final Office Action that is one of the following: a final rejection of a patent application, a Notice of Allowance or an action that otherwise closes prosecution in the application.
A request for continued examination (RCE) under 37 CFR 1.114 is available for a reissue application for reissue of a utility or plant patent filed on or after June 8, 1995.
When should an RCE be filed? An RCE makes sense when an applicant has received a Final Office Action and desires to make further claim amendments and/or arguments.

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