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

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

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).

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Tags: patent application, USPTO procedure