To file an RCE or not?

When does an RCE matter? RCE stands for Request for Continued Examination. To file an RCE or not to file – this is a question that often arises in the context of responding to a final Office Action (FOA) in a utility patent application. An RCE would not be involved in design patent applications or […]

Read More

What is an Advisory Action (AA)?

What is an Advisory Action? In response to a Final Office Action, an applicant has the option file an after-final response without a Request for Continued Examination. Such an after-final response, however, is a gamble. Unless allowable subject matter has been indicated, most examiners will not accept the amendments and arguments in reply to a […]

Read More

Is a Final Office Action really “final”?

How final is a Final Office Action? Don’t freak out if you’ve received a Final Office Action (FOA) in your patent application. It is not the end of the road. If a Final Office Action has been issued, analyze the rejection from two distinct angles: Substance of the rejections; and Procedure for responding. By dividing […]

Read More