What is the process for deferring issuance of a patent?
To defer issuance of a patent, an applicant must follow these steps:
- Pay the issue fee timely.
- File a petition under 37 CFR 1.314.
- Include the fee set forth in § 1.17(h).
- Provide a showing of good and sufficient reasons for deferment.
As stated in the MPEP, “A petition to defer issuance of a patent is not appropriate until the issue fee is paid.” The petition should be filed with the Fee(s) Transmittal form (PTOL-85B) and clearly labeled as a “Petition to Defer Issue; Attention: Office of Petitions.”
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