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

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.

The maximum period for suspension of action in patent applications is generally 6 months. According to MPEP 709:

“A suspension of action under 37 CFR 1.103(a) is limited to a period not exceeding 6 months.”

However, in exceptional cases, longer suspensions may be possible. The MPEP states:

“Only in extraordinary situations when the suspension cannot be completed within 6 months will a longer suspension be granted under 37 CFR 1.103(a).”

It’s important to note that the total period of suspension, including any extensions, cannot exceed 6 months in most cases.

Tags: patent application, Suspension Of Action, Time Limits, USPTO procedure