RCE Outreach
The USPTO is looking for feedback from the public to help us reduce our backlog of patent applications associated with a Request for Continued Examination (RCE). An RCE is a request by an applicant to reopen prosecution of the patent application after prosecution of the application is closed. There is currently a backlog of over 90,000 applications related to RCEs, and this backlog diverts our resources from examination of new applications.
Input from the public to help us to better understand the many reasons why an RCE is filed allows us to design new programs and initiatives aimed at reducing the need for an RCE. Examples of initiatives we’ve already implemented to reduce RCEs include the Quick Path Information Disclosure Statement (QPIDS) pilot program and the After Final Consideration Pilot (AFCP).
How to Help
The USPTO has developed a list of 11 questions that facilitate an understanding of filing strategies related to RCEs, and has gathered a variety of statistics related to RCEs. Your answers to some or all of these questions, and/or your feedback on the statistics, will help inform the new programs or initiatives we design. Feedback can be provided through any of three means: email, IdeaScale®, or roundtables.
Your comments or answers the questions related to RCE practice can be sent to rceoutreach@uspto.gov.
IdeaScale®
IdeaScale is a Web-based collaboration tool allowing you to post comments on RCE practice, and view and respond to comments made by others.
Roundtables and Invitation to Participate
The RCE Outreach effort will include a series of events to share ideas, feedback, experiences, and insights on RCE related prosecution strategies. Each event will consist of both a roundtable discussion and focus session. Roundtable discussion topics will be generally directed to root causes for RCE filings, the role of RCE practice in patent prosecution, prosecution strategies to reduce the need for RCE filings and recommendations for changes in USPTO procedures to reduce the need for RCE filings. Roundtable participants will have an opportunity to speak about these or related topics. Focus session discussion will be directed to answering a specific series of questions. The following events are scheduled:
- February 20 - Santa Clara University School of Law, Santa Clara, Calif. - Roundtable from 9 - 11 a.m. PT and focus session from 2 - 4 p.m. PT
- February 26 - Southern Methodist University, Dedman School of Law, Dallas, Texas - Roundtable from 9 - 11 a.m. CT and focus session from 2 - 4 p.m. CT
- February 28 - New York University School of Law, New York, N.Y. - Roundtable from 9 - 11 a.m. ET and focus session from 2 - 4 p.m. ET
- March 6 - USPTO Headquarters, Alexandria, Va. - Roundtable from 9 - 11 a.m. ET and focus session from 2 - 4 p.m. ET
- March 8 - Chicago-Kent College of Law, Chicago, Ill. - Roundtable from 9 - 11 a.m. CT and focus session from 2 - 4 p.m. CT
The USPTO's Invitation to Participate in Roundtable and Focus Sessions on RCE Practice provides further information on the above events, including how to participate.
USPTO Extends the RCE Outreach Comment Period
On December 6, 2012, the USPTO published a request for comments in the Federal Register soliciting public feedback in an effort to better understand the full spectrum of factors that impact the decision to file an RCE. The notice set a comment deadline date of February 4, 2013. The USPTO has received requests for additional time to submit comments. Therefore, the USPTO is extending the comment period to provide interested members of the public with an additional opportunity to submit comments to the USPTO.
The new deadline for receipt of written comments in response to the December 6, 2012 Federal Register publication is March 11, 2013.
