Can 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 of the effective patent term or, conversely, patent term extension, or adjustment, due to the suspension.” When the USPTO does initiate a suspension:
- It is limited to a maximum of 6 months
- The Office must notify the applicant
- The suspension should be terminated immediately once the reason for it no longer exists
- Any subsequent suspensions require approval from the Technology Center Director
Examples of reasons for Office-initiated suspensions include awaiting a new reference or potential interference issues.
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