What is the process for deferring issuance of a patent?

To defer issuance of a patent, an applicant must follow these steps:

  1. Pay the issue fee timely.
  2. File a petition under 37 CFR 1.314.
  3. Include the fee set forth in § 1.17(h).
  4. Provide a showing of good and sufficient reasons for deferment.

As stated in the MPEP, “A petition to defer issuance of a patent is not appropriate until the issue fee is paid.” The petition should be filed with the Fee(s) Transmittal form (PTOL-85B) and clearly labeled as a “Petition to Defer Issue; Attention: Office of Petitions.”

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Tags: deferment, patent issuance, USPTO procedure