Can patent issuance be deferred after a patent number and issue date are assigned?
No, once a patent number and issue date are assigned, deferring issuance is no longer possible through the standard deferment process. The MPEP clearly states:
“Issuance of a patent cannot be deferred after an allowed application receives a patent number and issue date unless the application is withdrawn from issue under 37 CFR 1.313(b) or (c).”
This means that if an applicant wants to prevent issuance after a patent number and issue date have been assigned, they must take the more drastic step of withdrawing the application from issue, which is a separate process with its own requirements and potential consequences.
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