How long can a suspension of action last in a patent application?
How long can a suspension of action last in a patent application?
The duration of a suspension of action in a patent application can vary. According to MPEP 709, “A suspension of action under 37 CFR 1.103(a) – (d) is limited to a time period of a maximum of 6 months.” However, there are exceptions:
- For deferral of examination under 37 CFR 1.103(d), the maximum period is 3 years from the earliest filing date for which a benefit is claimed.
- Suspensions may be extended in some cases, but generally not beyond the 3-year period.
It’s important to note that the actual duration may be shorter than the maximum allowed, depending on the specific circumstances of the application.
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