How long can a suspension of action last in a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The duration of a suspension of action in a patent application can vary. According to MPEP 709, “A suspension of action under 37 CFR 1.103(a) – (d) is limited to a time period of a maximum of 6 months.” However, there are exceptions:

  • For deferral of examination under 37 CFR 1.103(d), the maximum period is 3 years from the earliest filing date for which a benefit is claimed.
  • Suspensions may be extended in some cases, but generally not beyond the 3-year period.

It’s important to note that the actual duration may be shorter than the maximum allowed, depending on the specific circumstances of the application.

Tags: Deferral Of Examination, patent application, Suspension Of Action, time period