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 application, will not be considered but will be returned to the applicant.”

However, for non-final actions, the MPEP states:

“If the request is filed after a non-final Office action, the request must be accompanied by:

  • (A) a showing of good and sufficient cause for suspension of action; and
  • (B) the fee set forth in 37 CFR 1.17(g).”

It’s crucial to provide a valid reason for the suspension request and pay the required fee when filing after a non-final Office action.

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Tags: patent application, USPTO procedure