Can a suspension of action be requested after a final Office action?

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.

Generally, a suspension of action is not granted after a final Office action. According to MPEP 709:

“A request for suspension of action to provide time for consideration of an amendment after a final Office action will be denied.”

However, there are exceptions:

• If the examiner has requested significant data from the applicant, a suspension may be considered.
• In rare cases where the finality of the Office action is withdrawn, a suspension might be possible.

It’s important to note that other options, such as filing a Request for Continued Examination (RCE) under 37 CFR 1.114, may be more appropriate after a final Office action.