What is the difference between applicant-requested and examiner-initiated suspension of action?
What is the difference between applicant-requested and examiner-initiated suspension of action?
There are key differences between applicant-requested and examiner-initiated suspensions of action in patent applications:
- Applicant-requested suspension: Initiated by the applicant under 37 CFR 1.103(a), (b), (c), or (d). Requires a showing of good and sufficient cause and often a petition fee.
- Examiner-initiated suspension: Initiated by the examiner under MPEP 709, which states, “The examiner may grant the applicant’s request for a suspension of action for good and sufficient cause.” No fee is required.
The MPEP 709 further clarifies: “The Office will not grant an applicant’s request for a suspension of action when issuance of a patent is imminent.” This applies to both types of suspensions.
To learn more: