What is a suspension of action in patent examination?
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.
A suspension of action is a temporary halt in the examination process of a patent application. According to MPEP 709, “Suspension of action (37 CFR 1.103) should not be confused with extension of time for reply (37 CFR 1.136). It is to be noted that a suspension of action applies to an impending Office action by the examiner whereas an extension of time for reply applies to action by the applicant.” This means that only the examiner’s actions can be suspended, not the applicant’s response to an outstanding Office action.