What is a deferral of examination and how does it differ from a suspension of action?
A deferral of examination is a specific type of suspension of action available for new applications. According to MPEP 709, “In new applications, applicants may request a deferral of examination under 37 CFR 1.103(d) for a period not extending beyond three years from the earliest filing date for which a benefit is claimed under 35…
Read MoreCan the USPTO suspend action on its own initiative?
Yes, the USPTO can suspend action on its own initiative, but it is generally avoided if possible. According to MPEP 709, “Suspension of action at the initiative of the Office should be avoided, if possible, because such suspension will cause delays in examination, will increase pendency of the application, and may lead to a shortening…
Read MoreHow can I terminate a suspension of action before its expiration?
An applicant can request termination of a suspension of action before its expiration period ends. According to MPEP 709, “Once the request for suspension of action under 37 CFR 1.103 has been approved, action on the application will be suspended until the suspension period has expired, unless the applicant submits a request for termination of…
Read MoreWhat is a suspension of action in patent examination?
A suspension of action is a temporary halt in the examination process of a patent application. According to MPEP 709, “Suspension of action (37 CFR 1.103) should not be confused with extension of time for reply (37 CFR 1.136). It is to be noted that a suspension of action applies to an impending Office action…
Read MoreHow does a suspension of action affect patent term adjustment?
A suspension of action can have a negative impact on patent term adjustment. According to MPEP 709, “Suspension of action under 37 CFR 1.103(a) – (d) at the applicant’s request will cause a reduction in patent term adjustment accumulated (if any) under 37 CFR 1.703. The reduction is equal to the number of days beginning…
Read MoreHow does a suspension of action affect continued prosecution applications (CPAs) or requests for continued examination (RCEs)?
Applicants can request a suspension of action for continued prosecution applications (CPAs) or requests for continued examination (RCEs) under specific conditions. According to MPEP 709, “Applicants may request a suspension of action by the Office under 37 CFR 1.103(b) or (c) for a period not exceeding three months in a continued prosecution application (CPA) filed…
Read MoreWhat are the requirements for requesting a suspension of action?
To request a suspension of action under 37 CFR 1.103(a), an applicant must meet specific requirements. The MPEP states that a petition for suspension of action must: Be accompanied by the petition fee set forth in 37 CFR 1.17(g); Specify a period of suspension not exceeding 6 months; and Present good and sufficient reasons why…
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