What is the difference between applicant-requested and examiner-initiated suspension of action?

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.

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.