By: William G. Kratz, Jr. and George N. Stevens

The USPTO has instituted rule changes effecting continuation applications (C), continuation-­in-part applications (C-I-P), divisional applications (D) and Requests for Continued Examination (RCE). The rules were published August 21, 2007 and the effective date is November 1, 2007.

A summary of the rules is as follows:

1. Continuation or Continuation-In-Part Applications
   1. An applicant can file two (2) continuations (C) or continuation-in-part (C-I-P) applications based on an initial application without the need for a petition and showing.
      1. a third or subsequent (C) or (C-I-P) application based on an initial application can be filed if a petition and showing are filed and accepted
   2. A single RCE can be filed in an application family [initial application and its (C) or (C-I-P)s] without the need for a petition and showing.
      1. a second or subsequent RCE can be filed in an application family if a petition and showing are filed and accepted.

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