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