What is a deferral of examination and how does it differ from a suspension of action?
A deferral of examination is a specific type of suspension of action available for new applications. According to MPEP 709, “In new applications, applicants may request a deferral of examination under 37 CFR 1.103(d) for a period not extending beyond three years from the earliest filing date for which a benefit is claimed under 35 U.S.C. 119(a)-(d), (e), (f), 120, 121, 365, or 386.” Unlike a standard suspension of action, a deferral of examination:
- Must be requested before the Office issues an Office action or notice of allowance
- Can last up to three years from the earliest priority date
- Requires the application to be in condition for publication
- Requires payment of the publication fee
This option allows applicants to delay the examination process for a more extended period than a typical suspension of action.
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