This page consolidates MPEP guidance interpreting 37 CFR § 1.103, including 101 rules 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.

Summary

This section provides detailed guidance on the suspension of action in a patent application initiated by an examiner for the second or subsequent time, including procedures and requirements.

What this section covers

• Defines that this section covers the suspension of action in a patent application initiated by an examiner for the second or subsequent time.

Key obligations

• Practitioners must ensure the suspension request is properly documented and submitted to the Technology Center Director.
• A specific reason for the suspension must be provided, which is subject to review by the Director.
• Compliance with 37 CFR 1.103 is required for any suspension of action in a patent application.

Practice notes

• Advise practitioners to keep detailed records of the suspension request and any communications with the Office.
• Warn against making multiple unsolicited requests for suspension, as this may be seen as an abuse of process.

Related Provisions

• 37 CFR § 1.114
• 37 CFR § 1.53
• 37 CFR § 1.111
• 37 CFR § 1.313
• 37 CFR § 1.17

Based on MPEP Last Modified: 10/30/2024 08:50:22