How can I request a suspension of action in a patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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 request a suspension of action in a patent application, you need to file a petition under 37 CFR 1.103. The MPEP states:
“Request by applicant for a second or subsequent suspension of action in patent applications under 37 CFR 1.103, MPEP § 709.“
Key points to remember:
- The Technology Center Director decides on second or subsequent suspension requests
- You must provide good and sufficient cause for the suspension
- The maximum period for suspension is typically 6 months
- The first suspension request can often be decided by the examiner
Be aware that suspensions can affect patent term adjustments. It’s advisable to consult MPEP § 709 for detailed guidance on suspension of action requests and their implications.