Can a request for suspension of action be filed after a non-final Office action?
Can a request for suspension of action be filed after a non-final Office action? Yes, a request for suspension of action can be filed after a non-final Office action, but there are specific requirements. According to MPEP 709: “A request for suspension of action, if filed after the date of issue or allowance of an…
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 happens if a suspension of action expires during a national emergency?
What happens if a suspension of action expires during a national emergency? During a national emergency, such as the COVID-19 pandemic, the USPTO may provide additional flexibility regarding suspensions of action. According to MPEP 709, ‘In extraordinary situations, such as when the Director declares an emergency or a disaster, the Director or designee may permit…
Read MoreHow does a request for suspension of action affect patent term adjustment?
How does a request for suspension of action affect patent term adjustment? A request for suspension of action can negatively impact patent term adjustment (PTA). According to MPEP 709: ‘Note that the period of suspension under 37 CFR 1.103(a)-(d) is calculated from the date of approval and is added to the time period for reply…
Read MoreCan a suspension of action be requested after a final Office action?
Can a suspension of action be requested after a final Office action? Generally, a suspension of action is not granted after a final Office action. According to MPEP 709: “A request for suspension of action to provide time for consideration of an amendment after a final Office action will be denied.” However, there are exceptions:…
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…
Read MoreWhat happens to the patent term adjustment during a suspension of action?
What happens to the patent term adjustment during a suspension of action? The impact of a suspension of action on patent term adjustment (PTA) depends on the type of suspension. According to MPEP 709: Applicant-requested suspensions: These generally do not stop the accrual of patent term adjustment. The time consumed by the suspension is considered…
Read MoreHow long can a suspension of action last in a patent application?
How long can a suspension of action last in a patent application? The duration of a suspension of action in a patent application can vary. According to MPEP 709, “A suspension of action under 37 CFR 1.103(a) – (d) is limited to a time period of a maximum of 6 months.” However, there are exceptions:…
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