February 2010 Issue

Did You Know?

The USPTO changed its Request for Continued Examination (RCE) docketing system on November 15, 2009.  Previously, RCEs were placed on an examiner’s “amended” docket and  were expected to be acted on within two months of the date docketed to the examiner.  Under the new system, however, the USPTO places RCEs on an examiner’s “special new” docket together with continuations and divisionals.  Examiners are expected to act on at least one “special new” case every other bi-week.  Thus, depending on the number of cases on an examiner’s special new docket, an RCE may not be acted on for a very long time.  When filing an RCE, an applicant therefore should consider the time frame within which an RCE may be acted on under the USPTO’s new docketing system.  In cases where rapid allowance is desired, an applicant may wish to consider alternate strategies to further prosecution, including an examiner interview and an after-final response.