[Patentpractice] RCE versus continuation?

[Carl Oppedahl]

Hello folks.  I just got done paying the fee for a second RCE in one of 
my clients' cases.   Ouch!  $2860 for a non-small entity.

I then went to the trouble to add up the filing fee, search fee, and 
exam fee that would have been paid in an ordinary continuation.  Looks 
like that adds up to $2000.

I note that the number 2000 is smaller than that number 2860.

Which got me thinking about the question of the subject line. RCE or 
continuation?

I guess in most ways the RCE is the better path despite the need for 
handing over more money, right?

  * Maybe the case has enough IDS references to be in IDS-size-penalty
    world.  In the continuation, an IDS size penalty would need to be
    paid.  The RCE saves having to pay that penalty.
  * Maybe there are lots of excess claims in the case.  The RCE saves
    having to pay again for the excess claims.
  * For a continuation, I would have to identify and upload spec,
    claims, abstract, and drawings.  Which among other things presents
    the risk that I will screw up and upload the wrong file or a wrong
    version of a file.  The RCE eliminates risk of my screwing this up,
    and saves the mouse clicks required for the uploads.
  * For the continuation, to avoid the malpractice risks of DOCX
    filings, I would have to pay the $430 penalty.  The RCE saves me
    from having to pay that fee.
  * Maybe enough years would have dragged on by now that the penalty fee
    for presenting a domestic benefit claim after so many years would
    kick in.  The RCE avoids that penalty.

What factors favor the continuation?  Well, one thing is, sometimes the 
client is not sure yet how the client wants to deal with the most recent 
rejection.  If so, then the continuation is ideal because you could (for 
example) intentionally do something to trigger a notice of some kind.  
Put in a placeholder multiple-dependent claim and not pay for it, 
triggering a Notice to pay for the RCE.  Then maybe within two months, 
cancel the MDC and along with it, hand in the response to the most 
recent rejection.  (With the RCE it would have been required that the 
response accompany the RCE.)

Did I get the pros and cons right?  Are there other pros and cons that I 
missed?
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