Can 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:

  • If the examiner has requested significant data from the applicant, a suspension may be considered.
  • In rare cases where the finality of the Office action is withdrawn, a suspension might be possible.

It’s important to note that other options, such as filing a Request for Continued Examination (RCE) under 37 CFR 1.114, may be more appropriate after a final Office action.

To learn more:

Tags: Final Office Action, patent procedure, RCE, Suspension Of Action