Can Supervisory Patent Examiners decide on requests for deferral of examination?

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.

Yes, Supervisory Patent Examiners have the authority to decide on requests for deferral of examination. The MPEP explicitly states:

“Requests for deferral of examination under 37 CFR 1.103(d), MPEP § 709.”

This means that when an applicant requests to defer examination of their patent application, the Supervisory Patent Examiner is responsible for evaluating and deciding on that request. This authority allows for flexibility in the examination process, potentially benefiting both applicants and the USPTO in managing workload and priorities.