MPEP § 1306.01 — Deferring Issuance of a Patent (Annotated Rules)

§1306.01 Deferring Issuance of a Patent

USPTO MPEP version: BlueIron's Update: 2026-01-17

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

Topic

Patent Issue and Publication

4 rules
StatutoryInformativeAlways
[mpep-1306-01-3e1682ad1c684c539789887d]
Deferring Patent Issuance for Up to One Month
Note:
The U.S. Patent and Trademark Office may defer patent issuance upon request, but only for up to one month unless extraordinary circumstances or specific regulations require a longer period.

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.

Jump to MPEP Source · 37 CFR 1.314Patent Issue and PublicationSimultaneous Issue of PatentsIssue Fees
StatutoryInformativeAlways
[mpep-1306-01-8b46478275d3d0b1d048d9c0]
Petition to Defer Must Be Filed Before Issue Fee Payment
Note:
A petition to defer issuance of a patent must be filed before the issue fee is paid and must be correlated with the application file.

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cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c).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.

Jump to MPEP Source · 37 CFR 1.313(b)Patent Issue and PublicationNotice of Allowance Form and ContentIssue Fees
StatutoryPermittedAlways
[mpep-1306-01-ddb72c116e5b530d69324a19]
Confirmation of Petition Receipt by Calling Helpdesk
Note:
Petitions to defer patent issuance must be filed with the Fee(s) Transmittal form and can be confirmed by calling the Petitions Helpdesk.

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.

Jump to MPEP Source · 37 CFR 1.313(b)Patent Issue and PublicationNotice of Allowance Form and ContentIssue Fees
StatutoryInformativeAlways
[mpep-1306-01-0930568975d07828c67cf81b]
Petition to Withdraw Application from Issue Not Effective After Patent Issued
Note:
A petition under 37 CFR 1.314 to withdraw an application from issue is not effective if not granted before the patent is issued.

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.

Jump to MPEP Source · 37 CFR 1.313(b)Patent Issue and PublicationNotice of Allowance Form and ContentIssue Fees
Topic

Issue Fees

3 rules
StatutoryInformativeAlways
[mpep-1306-01-b80c38a5ecb94b0ed33317a8]
Issue Fee Requirement for Patent Issuance
Note:
Applicant must timely pay the issue fee to receive patent issuance unless the application is withdrawn or deferred.

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.

Jump to MPEP Source · 37 CFR 1.313Issue FeesFee RequirementsProcessing Fees
StatutoryInformativeAlways
[mpep-1306-01-f903d5972ebf07948bab9cee]
Issue Fee Must Be Paid Promptly
Note:
A patent will issue in regular course once the issue fee is timely paid, subject to no extraordinary circumstances delaying issuance.

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.

Jump to MPEP Source · 37 CFR 1.314Issue FeesIssue Fee PaymentFee Requirements
StatutoryInformativeAlways
[mpep-1306-01-f16d0a180c176dbaa06f70bc]
Issue Fee Required Before Deferring Patent Issuance
Note:
A petition to defer patent issuance is not valid until the issue fee is paid. The fee must be included with the petition and clearly labeled.

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.

Jump to MPEP Source · 37 CFR 1.313(b)Issue FeesFee RequirementsPatent Issue and Publication
Topic

Processing Fees

1 rules
StatutoryRequiredAlways
[mpep-1306-01-61cacbb958d102ccde1f4b2a]
Petition to Defer Patent Issuance Required With Fee and Reasoning
Note:
Applicant must file a petition including the fee set forth in § 1.17(h) and provide good reasons if seeking to defer patent issuance.

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.

Jump to MPEP Source · 37 CFR 1.313Processing FeesFee RequirementsIssue Fees
Topic

Simultaneous Issue of Patents

1 rules
StatutoryInformativeAlways
[mpep-1306-01-2ff0fafb37dc4fc218cb2d10]
Negotiation and Filing Not Extraordinary Circumstances
Note:
Situations such as negotiating licenses, filing in foreign countries, collecting data for continuation applications, or seeking simultaneous issuance of related patents are not considered extraordinary circumstances delaying patent issuance.

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.

Jump to MPEP Source · 37 CFR 1.314Simultaneous Issue of PatentsPatent Issue and PublicationIssue Fees
Topic

Notice of Allowance

1 rules
StatutoryProhibitedAlways
[mpep-1306-01-df12ced62e13cfbdca197287]
Patent Cannot Be Deferred After Numbered Issue
Note:
A patent cannot be deferred after it receives a number and issue date unless withdrawn under specific conditions.

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.

Jump to MPEP Source · 37 CFR 1.313(b)Notice of AllowancePatent NumberingPatent Issue and Publication
Topic

Notice of Allowance Form and Content

1 rules
StatutoryRecommendedAlways
[mpep-1306-01-685d6894c7cab2fc1ece16d5]
How to File a Petition to Defer Patent Issuance
Note:
The petition must be filed via the USPTO electronic system, fax, or hand-delivered and clearly labeled as such.

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.

Jump to MPEP Source · 37 CFR 1.313(b)Notice of Allowance Form and ContentFee RequirementsPatent Issue and Publication

Citations

Primary topicCitation
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.

BlueIron Last Updated: 2026-01-17