I have received a final office action with a rejection. My patent attorney advised going for an RCE (request for continued examination). How does it work? and how many RCE can one request?
Once your patent application is under a final rejection, your options are limited. There are several other options for specific cases, but here are the 3 main ones: 1. You can give up trying for a patent and allow your application to go abandoned. 2. You can appeal the final rejection to the Board. 3. You can file an RCE, amend the claims, and take another try at allowable claims. After the RCE is filed, it's similar to the original filing of the patent application, but you start the process right where you are. You need to amend the claims to overcome the current rejections, or you will get a first action final rejection and be right back where you started. There is currently no limit on the number of RCEs you can serially file.