37 CFR § 1.314 — Issuance of patent. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.314, including 29 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 filing petitions to defer patent issuance, including the procedural requirements and key obligations under 37 CFR 1.314 for timely consideration by the USPTO.

What this section covers

Defines petitions to defer the issuance of patents under 37 CFR 1.314.

Key obligations

File a petition with the USPTO to defer patent issuance, including the required fee and showing of good and sufficient reasons.
Ensure the petition is filed with the Fee(s) Transmittal form (PTOL-85B) and clearly labeled as a Petition to Defer Issuance.
Adhere to the specific procedural and substantive requirements outlined in 37 CFR 1.314.

Practice notes

Include all required documentation and fees with the petition to avoid delays.
Avoid delays by promptly filing the petition when circumstances warrant it.

Petition to Defer Patent Issuance RequirementMPEP 1002.02(b)
Issue Fee Requirement for Patent IssuanceMPEP 1306.01
Petition to Defer Patent Issuance Required With Fee and ReasoningMPEP 1306.01Required
Issue Fee Must Be Paid PromptlyMPEP 1306.01
Deferring Patent Issuance for Up to One MonthMPEP 1306.01
Negotiation and Filing Not Extraordinary CircumstancesMPEP 1306.01
Notice of Allowance Marks Allowed StatusMPEP 203
Status of Allowed Nonprovisional ApplicationsMPEP 203Required
Notice of Allowance Marks Allowed StatusMPEP 203.04
Allowed Application Continues Until Issued as PatentMPEP 203.04Required
Deferral of Patent Issuance Constitutes Applicant Failure to Engage in Reasonable EffortsMPEP 2732
Deferral of Patent Issuance Due to Applicant ActionMPEP 2732
Application Held for Month After Petition GrantMPEP 2732
Application Returned to Issue After Deferral PeriodMPEP 2732
PTA Adjustment for Patent DeferralMPEP 2732Required
Request to End Patent Term Adjustment ReductionMPEP 2732Recommended
Period of Adjustment Reduced for Deferral RequestsMPEP 2732Required

Petition to Defer Patent Issuance Required With Fee and ReasoningMPEP 1306.01Required
Status of Allowed Nonprovisional ApplicationsMPEP 203Required
Allowed Application Continues Until Issued as PatentMPEP 203.04Required
PTA Adjustment for Patent DeferralMPEP 2732Required
Period of Adjustment Reduced for Deferral RequestsMPEP 2732Required
Petition Required for Staying Patent Term Extension ProcessingMPEP 2765Required

Issue Fee Required Before Deferring Patent IssuanceMPEP 1306.01
Patent Cannot Be Deferred After Numbered IssueMPEP 1306.01Prohibited
Petition to Defer Must Be Filed Before Issue Fee PaymentMPEP 1306.01
How to File a Petition to Defer Patent IssuanceMPEP 1306.01Recommended
Confirmation of Petition Receipt by Calling HelpdeskMPEP 1306.01Permitted
Petition to Withdraw Application from Issue Not Effective After Patent IssuedMPEP 1306.01
Petition for Staying Patent Term Extension ProcessingMPEP 2765Permitted
Petition for Stay of Patent Term Extension Processing Limited to Six MonthsMPEP 2765Permitted
Petition for Staying Patent Term Extension ProcessingMPEP 2765
Standard for Granting Stay RequestsMPEP 2765
Petition for Stay Required When Patent Term LapsedMPEP 2765Recommended

MPEP Section	Rules
MPEP § 1002.02(b)	Petition to Defer Patent Issuance RequirementMPEP 1002.02(b)
MPEP § 1306.01	Issue Fee Requirement for Patent IssuanceMPEP 1306.01 Petition to Defer Patent Issuance Required With Fee and ReasoningMPEP 1306.01Required Issue Fee Must Be Paid PromptlyMPEP 1306.01 Deferring Patent Issuance for Up to One MonthMPEP 1306.01 Negotiation and Filing Not Extraordinary CircumstancesMPEP 1306.01 Issue Fee Required Before Deferring Patent IssuanceMPEP 1306.01 Patent Cannot Be Deferred After Numbered IssueMPEP 1306.01Prohibited Petition to Defer Must Be Filed Before Issue Fee PaymentMPEP 1306.01 How to File a Petition to Defer Patent IssuanceMPEP 1306.01Recommended Confirmation of Petition Receipt by Calling HelpdeskMPEP 1306.01Permitted Petition to Withdraw Application from Issue Not Effective After Patent IssuedMPEP 1306.01
MPEP § 203	Notice of Allowance Marks Allowed StatusMPEP 203 Status of Allowed Nonprovisional ApplicationsMPEP 203Required
MPEP § 203.04	Notice of Allowance Marks Allowed StatusMPEP 203.04 Allowed Application Continues Until Issued as PatentMPEP 203.04Required
MPEP § 2732	Deferral of Patent Issuance Constitutes Applicant Failure to Engage in Reasonable EffortsMPEP 2732 Deferral of Patent Issuance Due to Applicant ActionMPEP 2732 Application Held for Month After Petition GrantMPEP 2732 Application Returned to Issue After Deferral PeriodMPEP 2732 PTA Adjustment for Patent DeferralMPEP 2732Required Request to End Patent Term Adjustment ReductionMPEP 2732Recommended Period of Adjustment Reduced for Deferral RequestsMPEP 2732Required
MPEP § 2765	Petition for Staying Patent Term Extension ProcessingMPEP 2765Permitted Petition Required for Staying Patent Term Extension ProcessingMPEP 2765Required Petition for Stay of Patent Term Extension Processing Limited to Six MonthsMPEP 2765Permitted Petition for Staying Patent Term Extension ProcessingMPEP 2765 Standard for Granting Stay RequestsMPEP 2765 Petition for Stay Required When Patent Term LapsedMPEP 2765Recommended

Related Provisions

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

37 CFR § 1.314 — Issuance of patent. (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.314 Issuance of patent.

Summary

Official MPEP § 1.314 — Issuance of patent.

1.314 Issuance of patent.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions