Can a suspension of action be requested after a final Office action?
Can a suspension of action be requested after a final Office action?
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- In rare cases where the finality of the Office action is withdrawn, a suspension might be possible.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.
To learn more: