[Patentpractice] voluntary filing RCE before Final OA to pay Track 1 /prioritized examination fees

[Allen Richter (allenr@richterpatent.com)]

Thank you, Jim.



European, Swiss & Israeli Patent Attorney
RICHTER SHIMONI PATENT ATTORNEYS
www.richterpatent.com
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From: Jim Larsen <jim at larsen-ip.com>
Sent: Wednesday, 14 August 2024 11:18
To: For patent practitioners. This is not for laypersons to seek legal advice. <patentpractice at oppedahl-lists.com>
Cc: Allen Richter (allenr at richterpatent.com) <allenr at richterpatent.com>
Subject: Re: [Patentpractice] voluntary filing RCE before Final OA to pay Track 1 /prioritized examination fees
Sensitivity: Confidential

A requisite condition for RCE is that prosecution is closed.  See 37 CFR 1.114<https://mpep.uspto.gov/RDMS/MPEP/current#/current/d0e322625.html>; MPEP 706.07(h)<https://mpep.uspto.gov/RDMS/MPEP/current#/result/d0e70778.html?q=rce&ccb=on&ncb=off&icb=off&fcb=off&ver=current&syn=adj&results=compact&sort=relevance&cnt=10&index=1>.  So, no, an early “voluntary RCE” is not permitted.



From: Patentpractice <patentpractice-bounces at oppedahl-lists.com<mailto:patentpractice-bounces at oppedahl-lists.com>> on behalf of Allen Richter (allenr--- via Patentpractice <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>>
Date: Wednesday, August 14, 2024 at 12:34 AM
To: Robert Sayre via Patentpractice <patentpractice at oppedahl-lists.com<mailto:patentpractice at oppedahl-lists.com>>
Cc: Allen Richter (allenr at richterpatent.com<mailto:allenr at richterpatent.com>) <allenr at richterpatent.com<mailto:allenr at richterpatent.com>>
Subject: [Patentpractice] voluntary filing RCE before Final OA to pay Track 1 /prioritized examination fees
Dear all,

Assuming a client wants a patent application examined under Track 1, but no Final OA has yet been issued.

Can an Applicant submit an RCE voluntarily to allow payment of the fees for prioritized examination/Track 1?

Allen
European, Swiss & Israeli Patent Attorney
RICHTER SHIMONI PATENT ATTORNEYS
www.richterpatent.com<http://www.richterpatent.com>
4 Oppenheimer Street | Ogen Tower B | 6th Floor | 7670104 Rehovot  | Israel
IL: +972-(0)54-527 3417 | +972-(0)8-68 999 61 | CH: +41-(0)22-508 7033

This e-mail as well as any attached document contains information which is confidential and that may be subject to legal privilege. If you are not the intended recipient, you must not read, use, disseminate, distribute or copy this e-mail or its attachments. If you have received this in error, please inform us immediately by return e-mail, facsimile or by telephone and delete this e-mail. Please note that all opinions and/or conclusions expressed herein are preliminary and merely represent our analysis of the facts as known and/or presented to us and are not to be viewed or relied upon as conclusive and/or as a prediction of the outcome of any current or future litigation or other controversy. While email correspondence is very practical, we remind you that emails sent to our firm are not deemed to be received until you have obtained an acknowledgement of receipt (e.g., by return email).

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