What is the maximum period for suspension of action in a patent application?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. The maximum period for suspension of action in a patent application is generally 6 months . According to MPEP 709 , ‘Suspension of action under 37 CFR 1.103(a)-(d) is limited to a time not to exceed 6 months.’ However, there are exceptions: For deferral of examination under 37 CFR 1.103(d), the maximum period is 3 years from the earliest filing date. The Director may grant longer suspensions in ‘extraordinary’ situations. It’s important to note that any suspension beyond the initial 6-month period requires additional justification and approval. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Deferral of Examination Must Include Fees and Period MPEP 709 Required Request for Deferral of Examination Allowed Within Three Years MPEP 709 Permitted Request for Suspension of Action Must Include Fee and Period MPEP 709 Required Request for Suspension of Action After RCE MPEP 709 Required PTA Reduction for Suspension of Action MPEP 709 Petition for Suspension of Action Must Meet Specific Requirements MPEP 709 Required Request for Deferral of Examination Required MPEP 709 Prohibited Request for Deferral of Examination Allowed MPEP 709 Permitted Suspension of Office Action Limited to 6 Months MPEP 709 TC Director Decides Suspension of Action MPEP 709 Other Related FAQs 5 FAQs Collapse How long can a suspension of action last in a patent application? What happens to the patent term adjustment during a suspension of action? What are the requirements for a request for deferral of examination under 37 CFR 1.103(d)? What are the requirements for requesting a suspension of action? Can a suspension of action be requested after a final Office action?