KRATZ, QUINTOS & HANSON, LLP

IP Newsletter

September 2017

U.S. PTO RULE CHANGES IN CONTINUATION APPLICATION PRACTICE (EFFECTIVE DATE: NOVEMBER 1, 2007)

By: William G. Kratz, Jr. and George N. Stevens

 

The USPTO has instituted rule changes effecting continuation applications (C), continuation-­in-part applications (C-I-P), divisional applications (D) and Requests for Continued Examination (RCE). The rules were published August 21, 2007 and the effective date is November 1, 2007.

A summary of the rules is as follows:

 

  1. Continuation or Continuation-In-Part Applications
    1. An applicant can file two (2) continuations (C) or continuation-in-part (C-I-P) applications based on an initial application without the need for a petition and showing.
      1. a third or subsequent (C) or (C-I-P) application based on an initial application can be filed if a petition and showing are filed and accepted
    2. A single RCE can be filed in an application family [initial application and its (C) or (C-I-P)s] without the need for a petition and showing.
      1. a second or subsequent RCE can be filed in an application family if a petition and showing are filed and accepted.

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