How can I terminate a suspension of action before its expiration?
An applicant can request termination of a suspension of action before its expiration period ends. According to MPEP 709, “Once the request for suspension of action under 37 CFR 1.103 has been approved, action on the application will be suspended until the suspension period has expired, unless the applicant submits a request for termination of the suspension of action prior to the end of the suspension period.” To terminate a suspension early:
- Submit a request for termination of the suspension
- Properly identify the application in the request
- Ensure the suspension period has not already expired
If these conditions are met, the Office will terminate the suspension and place the application on the examiner’s docket for further prosecution. The termination becomes effective when an appropriate official of the Office takes action on the request.
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