MPEP § 1306.01 — Deferring Issuance of a Patent (Annotated Rules)
§1306.01 Deferring Issuance of a Patent
This page consolidates and annotates all enforceable requirements under MPEP § 1306.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Deferring Issuance of a Patent
This section addresses Deferring Issuance of a Patent. Primary authority: 37 CFR 1.313, 37 CFR 1.17(h), and 37 CFR 1.314. Contains: 1 requirement, 1 prohibition, 1 permission, and 4 other statements.
Key Rules
Patent Issue and Publication
There is a public policy that the patent will issue in regular course once the issue fee is timely paid. 37 CFR 1.314. It has been the policy of the U.S. Patent and Trademark Office to defer issuance of a patent, upon request, for a period of up to 1 month only, in the absence of extraordinary circumstances or requirement of the regulations (e.g., 37 CFR 1.177) which would dictate a longer period. Situations like negotiation of licenses, time for filing in foreign countries, collection of data for filing a continuation-in-part application, or a desire for simultaneous issuance of related applications are not considered to amount to extraordinary circumstances.
A petition to defer issuance of a patent is not appropriate until the issue fee is paid. Issuance of a patent cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c). See MPEP § 1306.03. The petition to defer is considered at the time the petition is correlated with the application file before the appropriate deciding official (MPEP § 1002.02(b)). In order to facilitate timely consideration of a petition for deferment of issue, 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 and filed via (A) the USPTO patent electronic filing system; (B) facsimile transmittal to (571) 273-0025; or (C) hand-delivered to the Office of Petitions, see MPEP § 502, subsection (III)(H). Confirmation of receipt of the petition can be made by calling the Petitions Helpdesk. A petition under 37 CFR 1.314 that is not granted prior to issuance of the patent is not effective to withdraw an application from issue or to defer grant.
A petition to defer issuance of a patent is not appropriate until the issue fee is paid. Issuance of a patent cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c). See MPEP § 1306.03. The petition to defer is considered at the time the petition is correlated with the application file before the appropriate deciding official (MPEP § 1002.02(b)). In order to facilitate timely consideration of a petition for deferment of issue, 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 and filed via (A) the USPTO patent electronic filing system; (B) facsimile transmittal to (571) 273-0025; or (C) hand-delivered to the Office of Petitions, see MPEP § 502, subsection (III)(H). Confirmation of receipt of the petition can be made by calling the Petitions Helpdesk. A petition under 37 CFR 1.314 that is not granted prior to issuance of the patent is not effective to withdraw an application from issue or to defer grant.
A petition to defer issuance of a patent is not appropriate until the issue fee is paid. Issuance of a patent cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c). See MPEP § 1306.03. The petition to defer is considered at the time the petition is correlated with the application file before the appropriate deciding official (MPEP § 1002.02(b)). In order to facilitate timely consideration of a petition for deferment of issue, 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 and filed via (A) the USPTO patent electronic filing system; (B) facsimile transmittal to (571) 273-0025; or (C) hand-delivered to the Office of Petitions, see MPEP § 502, subsection (III)(H). Confirmation of receipt of the petition can be made by calling the Petitions Helpdesk. A petition under 37 CFR 1.314 that is not granted prior to issuance of the patent is not effective to withdraw an application from issue or to defer grant.
Issue Fees
If applicant timely pays the issue fee, the Office will issue the patent in regular course unless the application is withdrawn from issue (§ 1.313) or the Office defers issuance of the patent. To request that the Office defer issuance of a patent, applicant must file a petition under this section including the fee set forth in § 1.17(h) and a showing of good and sufficient reasons why it is necessary to defer issuance of the patent.
There is a public policy that the patent will issue in regular course once the issue fee is timely paid. 37 CFR 1.314. It has been the policy of the U.S. Patent and Trademark Office to defer issuance of a patent, upon request, for a period of up to 1 month only, in the absence of extraordinary circumstances or requirement of the regulations (e.g., 37 CFR 1.177) which would dictate a longer period. Situations like negotiation of licenses, time for filing in foreign countries, collection of data for filing a continuation-in-part application, or a desire for simultaneous issuance of related applications are not considered to amount to extraordinary circumstances.
A petition to defer issuance of a patent is not appropriate until the issue fee is paid. Issuance of a patent cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c). See MPEP § 1306.03. The petition to defer is considered at the time the petition is correlated with the application file before the appropriate deciding official (MPEP § 1002.02(b)). In order to facilitate timely consideration of a petition for deferment of issue, 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 and filed via (A) the USPTO patent electronic filing system; (B) facsimile transmittal to (571) 273-0025; or (C) hand-delivered to the Office of Petitions, see MPEP § 502, subsection (III)(H). Confirmation of receipt of the petition can be made by calling the Petitions Helpdesk. A petition under 37 CFR 1.314 that is not granted prior to issuance of the patent is not effective to withdraw an application from issue or to defer grant.
Processing Fees
If applicant timely pays the issue fee, the Office will issue the patent in regular course unless the application is withdrawn from issue (§ 1.313) or the Office defers issuance of the patent. To request that the Office defer issuance of a patent, applicant must file a petition under this section including the fee set forth in § 1.17(h) and a showing of good and sufficient reasons why it is necessary to defer issuance of the patent.
Simultaneous Issue of Patents
There is a public policy that the patent will issue in regular course once the issue fee is timely paid. 37 CFR 1.314. It has been the policy of the U.S. Patent and Trademark Office to defer issuance of a patent, upon request, for a period of up to 1 month only, in the absence of extraordinary circumstances or requirement of the regulations (e.g., 37 CFR 1.177) which would dictate a longer period. Situations like negotiation of licenses, time for filing in foreign countries, collection of data for filing a continuation-in-part application, or a desire for simultaneous issuance of related applications are not considered to amount to extraordinary circumstances.
Notice of Allowance
A petition to defer issuance of a patent is not appropriate until the issue fee is paid. Issuance of a patent cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c). See MPEP § 1306.03. The petition to defer is considered at the time the petition is correlated with the application file before the appropriate deciding official (MPEP § 1002.02(b)). In order to facilitate timely consideration of a petition for deferment of issue, 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 and filed via (A) the USPTO patent electronic filing system; (B) facsimile transmittal to (571) 273-0025; or (C) hand-delivered to the Office of Petitions, see MPEP § 502, subsection (III)(H). Confirmation of receipt of the petition can be made by calling the Petitions Helpdesk. A petition under 37 CFR 1.314 that is not granted prior to issuance of the patent is not effective to withdraw an application from issue or to defer grant.
Notice of Allowance Form and Content
A petition to defer issuance of a patent is not appropriate until the issue fee is paid. Issuance of a patent cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c). See MPEP § 1306.03. The petition to defer is considered at the time the petition is correlated with the application file before the appropriate deciding official (MPEP § 1002.02(b)). In order to facilitate timely consideration of a petition for deferment of issue, 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 and filed via (A) the USPTO patent electronic filing system; (B) facsimile transmittal to (571) 273-0025; or (C) hand-delivered to the Office of Petitions, see MPEP § 502, subsection (III)(H). Confirmation of receipt of the petition can be made by calling the Petitions Helpdesk. A petition under 37 CFR 1.314 that is not granted prior to issuance of the patent is not effective to withdraw an application from issue or to defer grant.
Citations
| Primary topic | Citation |
|---|---|
| Issue Fees Processing Fees | 37 CFR § 1.17(h) |
| Issue Fees Patent Issue and Publication Simultaneous Issue of Patents | 37 CFR § 1.177 |
| Issue Fees Processing Fees | 37 CFR § 1.313 |
| Issue Fees Notice of Allowance Notice of Allowance Form and Content Patent Issue and Publication | 37 CFR § 1.313(b) |
| Issue Fees Notice of Allowance Notice of Allowance Form and Content Patent Issue and Publication Simultaneous Issue of Patents | 37 CFR § 1.314 |
| Issue Fees Notice of Allowance Notice of Allowance Form and Content Patent Issue and Publication | MPEP § 1002.02(b) |
| Issue Fees Notice of Allowance Notice of Allowance Form and Content Patent Issue and Publication | MPEP § 1306.03 |
| Issue Fees Notice of Allowance Notice of Allowance Form and Content Patent Issue and Publication | MPEP § 502 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1306.01 — Deferring Issuance of a Patent
Source: USPTO1306.01 Deferring Issuance of a Patent [R-01.2024]
37 CFR 1.314 Issuance of patent.
If applicant timely pays the issue fee, the Office will issue the patent in regular course unless the application is withdrawn from issue (§ 1.313) or the Office defers issuance of the patent. To request that the Office defer issuance of a patent, applicant must file a petition under this section including the fee set forth in § 1.17(h) and a showing of good and sufficient reasons why it is necessary to defer issuance of the patent.
There is a public policy that the patent will issue in regular course once the issue fee is timely paid. 37 CFR 1.314. It has been the policy of the U.S. Patent and Trademark Office to defer issuance of a patent, upon request, for a period of up to 1 month only, in the absence of extraordinary circumstances or requirement of the regulations (e.g., 37 CFR 1.177) which would dictate a longer period. Situations like negotiation of licenses, time for filing in foreign countries, collection of data for filing a continuation-in-part application, or a desire for simultaneous issuance of related applications are not considered to amount to extraordinary circumstances.
A petition to defer issuance of a patent is not appropriate until the issue fee is paid. Issuance of a patent cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c). See MPEP § 1306.03. The petition to defer is considered at the time the petition is correlated with the application file before the appropriate deciding official (MPEP § 1002.02(b)). In order to facilitate timely consideration of a petition for deferment of issue, 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 and filed via (A) the USPTO patent electronic filing system; (B) facsimile transmittal to (571) 273-0025; or (C) hand-delivered to the Office of Petitions, see MPEP § 502, subsection (III)(H). Confirmation of receipt of the petition can be made by calling the Petitions Helpdesk. A petition under 37 CFR 1.314 that is not granted prior to issuance of the patent is not effective to withdraw an application from issue or to defer grant.