Can I request suspension of action after receiving 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 request for suspension of action is not appropriate after receiving a final Office action. The MPEP 709 states:
‘A request for suspension of action, if appropriate, may be filed with or after the filing of any reply to any Office action. The request for suspension of action should be filed within the period for reply to the Office action.’
After a final Office action, the appropriate response is typically to file an appeal, request continued examination (RCE), or file an amendment to place the application in condition for allowance. If you believe suspension is necessary in your specific case, it’s advisable to consult with a patent attorney or agent to explore your options.