What is the process for deferring issuance of a patent?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. To defer issuance of a patent, an applicant must follow these steps: Pay the issue fee timely. File a petition under 37 CFR 1.314 . Include the fee set forth in § 1.17(h) . 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition to Defer Must Be Filed Before Issue Fee Payment MPEP 1306.01 Confirmation of Petition Receipt by Calling Helpdesk MPEP 1306.01 Permitted Issue Fee Can Be Paid Via Deposit Account or Credit Card MPEP 1306 Required Petition to Withdraw Application from Issue Not Effective After Patent Issued MPEP 1306.01 Three-Month Issue Fee Due After Allowance MPEP 1306 Required Issue Fee and Publication Fee Not Extensible MPEP 1306 Required Issue Fee Not Reflecting Previous Payment MPEP 1306 Previously Paid Issue Fee Can Be Reapplied MPEP 1306 Issue Fee Due After Withdrawal and RCE MPEP 1306 Issue Fee and Publication Fee Must Be Paid as Specified in Notice of Allowance MPEP 1306 Required Other Related FAQs 5 FAQs Collapse Can the deadline for paying the issue fee be extended? How do I request simultaneous issuance of patents? What happens if I pay an incorrect issue fee amount? What is the significance of the issue fee payment date? How are issue fee payments applied to multiple applications?