How to File a Request for Continued Examination (RCE)
Last revised:
April 19, 2026
A Request for Continued Examination reopens prosecution of a patent application after a final rejection — giving you a completely fresh round of examination with the ability to submit new arguments, new claim amendments, new evidence (declarations, experimental data), and new prior art.
When to File an RCE
File an RCE when: the examiner's final rejection is based on a misunderstanding that you believe a new response can correct, you have new evidence (test data, expert declarations) that was not available during the first round, you want to submit significantly different claims that the examiner would not enter after final, or the technology has evolved and your claim strategy needs to change.
How to File
- Prepare a new response (arguments, amendments, and/or declarations)
- File through Patent Center as a Request for Continued Examination
- Pay the RCE fee: $600 (small entity), $300 (micro entity)
- Submit the new response simultaneously with the RCE request
What Happens Next
The application re-enters the examination queue. The same examiner typically handles the RCE — but the examination is a fresh review. A new non-final Office Action is issued (unless the examiner allows the claims or issues a new final rejection based on new grounds).
Strategic Considerations
RCEs extend prosecution — which extends the "patent pending" period during which competitors know you are pursuing protection but the scope is not yet fixed. Multiple RCEs are possible (there is no limit), but each adds 6–12 months and $600–$1,000 in prosecution costs. If you have filed two or more RCEs without progress, consider whether an appeal or a continuation with fundamentally different claims would be more productive.
Sources
- USPTO — Request for Continued Examination (RCE) — Official guidance on filing an RCE
- MPEP § 706.07(h) — RCE Procedures — Detailed examination procedures for RCE filings
- 37 CFR § 1.114 — Request for Continued Examination — Regulatory requirements for RCE submissions
- 35 U.S.C. § 132(b) — Continued Examination — Statutory basis for continued examination requests
This article is part of the iInvent Encyclopedia — the world's most comprehensive knowledge base for inventors. It is intended for educational purposes and does not constitute legal advice. For guidance specific to your situation, consult a qualified patent attorney.
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