What is a deferral of examination and how does it differ from a suspension of action?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. A deferral of examination is a specific type of suspension of action available for new applications. According to MPEP 709 , “In new applications, applicants may request a deferral of examination under 37 CFR 1.103(d) for a period not extending beyond three years from the earliest filing date for which a benefit is claimed under 35 U.S.C. 119(a)-(d), (e), (f), 120, 121, 365, or 386.” Unlike a standard suspension of action, a deferral of examination: Must be requested before the Office issues an Office action or notice of allowance Can last up to three years from the earliest priority date Requires the application to be in condition for publication Requires payment of the publication fee This option allows applicants to delay the examination process for a more extended period than a typical suspension of action. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Deferral of Examination Allowed Within Three Years MPEP 709 Permitted Suspension of Action for Public Safety or Defense MPEP 709 Permitted Office Has Not Issued Office Action or Notice of Allowance Required for Deferral MPEP 709 Request for Deferral of Examination Must Include Fees and Period MPEP 709 Required Suspension of Action for Design Applications During CPA or RCE MPEP 709 Recommended Deferral of Examination Request Must Include Fees and Meet Conditions MPEP 709 Required Request for Suspension of Action Must Include Fee and Period MPEP 709 Required Request for Suspension of Action After RCE MPEP 709 Required Deferral of Examination for Priority Applications MPEP 709 Permitted Request for Deferral of Examination Allowed MPEP 709 Permitted Other Related FAQs 5 FAQs Collapse How long can a s...