What are the requirements for a request for deferral of examination under 37 CFR 1.103(d)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. A request for deferral of examination under 37 CFR 1.103(d) has specific requirements. According to MPEP 709 : “A request for deferral of examination under 37 CFR 1.103(d) must include the following: (A) A period of suspension, in a whole number of months, not extending beyond three years from the earliest filing date for which a benefit is claimed under title 35, United States Code; (B) The publication fee set forth in 37 CFR 1.18(d); and (C) The processing fee set forth in 37 CFR 1.17(i).” Additionally, the request must be filed before the first Office action on the merits, and the applicant must not have filed a nonpublication request under 37 CFR 1.213(a). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Deferral of Examination Allowed Within Three Years MPEP 709 Permitted Request for Deferral of Examination Must Include Fees and Period MPEP 709 Required Deferral of Examination Request Must Include Fees and Meet Conditions MPEP 709 Required Request for Deferral of Examination Required MPEP 709 Prohibited Request for Deferral of Examination Allowed MPEP 709 Permitted Request Must Be Filed Before Office Action MPEP 709 Required Requirement for First Office Action on Merits MPEP 709 Deferral of Examination for Priority Applications MPEP 709 Permitted Deferral of Examination Requirements MPEP 709 Required Request for Termination of Suspension of Action MPEP 709 Other Related FAQs 5 FAQs Collapse How long can a suspension of action last in a patent application? What happens to the patent term adjustment during a suspension of action? What are the requirements for requesting a suspension of action? Can a suspension of action be requested after a final O...