Can patent issuance be deferred after a patent number and issue date are assigned?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, once a patent number and issue date are assigned, deferring issuance is no longer possible through the standard deferment process. The MPEP clearly states:

“Issuance of a patent cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c).”

This means that if an applicant wants to prevent issuance after a patent number and issue date have been assigned, they must take the more drastic step of withdrawing the application from issue, which is a separate process with its own requirements and potential consequences.