Who considers petitions to defer issuance of a patent?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 MPEP provides information on who reviews petitions to defer patent issuance:

“The petition to defer is considered at the time the petition is correlated with the application file before the appropriate deciding official (MPEP § 1002.02(b)).”

This means that the petition is reviewed by a designated deciding official within the USPTO. The specific official responsible for the decision can be found in MPEP § 1002.02(b), which outlines the officials authorized to decide various types of petitions.

Tags: patent deferment petition, petition review process, uspto officials