Request for Continued Examination [Patent] Law and Legal Definition

In the context of patents, ‘request for continued examination’ means a submission filed in a patent application in which prosecution is closed. The request is filed to reopen prosecution, and continue examination. The request should be accompanied by the required fees. A request for continued examination may be filed when the application is under final rejection or a notice of allowance. Provisions relating to a request for continued application can be found in 37 CFR 1.114.

A request for continued examination must be made before the patent application is abandoned; or a notice of appeal is filed to the U.S. Court of Appeals for the Federal Circuit under 35 U.S.C. 141, or a civil action under 35 U.S.C. 145 or 146 is commenced.