How long can issuance of a patent be deferred?

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.

According to the MPEP, the standard deferment period is typically limited:

“It has been the policy of the U.S. Patent and Trademark Office to defer issuance of a patent, upon request, for a period of up to 1 month only, in the absence of extraordinary circumstances or requirement of the regulations (e.g., 37 CFR 1.177) which would dictate a longer period.”

This means that under normal circumstances, the maximum deferment period is one month. However, extraordinary circumstances or specific regulatory requirements may allow for a longer deferment period.