What are considered “extraordinary circumstances” for deferring patent issuance?
The MPEP provides guidance on what is not considered extraordinary circumstances for deferring patent issuance:
“Situations like negotiation of licenses, time for filing in foreign countries, collection of data for filing a continuation-in-part application, or a desire for simultaneous issuance of related applications are not considered to amount to extraordinary circumstances.”
While the MPEP does not explicitly define what constitutes extraordinary circumstances, it implies that they would be situations beyond these common business and strategic considerations. Extraordinary circumstances would likely involve unforeseen events or conditions that significantly impact the patent or the applicant’s ability to proceed with normal issuance.
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