MPEP Q & A 311: Two requirements for a petition for suspension of action under 37 CFR 1.103(a)

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Question:

List two requirements for a petition for suspension of action under 37 CFR 1.103(a).

Answer:

A petition for suspension of action under 37 CFR 1.103(a) must:

  • (A) be presented as a separate paper;
  • (B) be accompanied by the petition fee set forth in 37 CFR 1.17(g);
  • (C) request a specific and reasonable period of suspension not greater than 6 months; and
  • (D) present good and sufficient reasons why the suspension is necessary.

Chapter Details:

The answer to this question can be found in chapter 700 of the MPEP. This chapter covers Examination of Applications.

The answer is from the 9th Edition, Revision 07.2022, Published February 2023. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 709 of the MPEP.  The following is a brief summary of section 709.

709 Suspension of action

This section discusses the suspension of an action. If an applicant waits a prolonged time for the examiner to send out an Office action, he or she may choose to file a request for a suspension of action. If it is granted, the request will cause a reduction in the patent term adjustment if any has accumulated. The reduction will be equal to the number of days beginning on the filing date for the request of the suspension of action and ending on the date of the termination of the suspension.

It would be easy to confuse a suspension of action with an extension of reply (which will be discussed next). To distinguish, a suspension of action applies to an impending Office action by the examiner while an extension of time applies to an action by the applicant.

If the examiner is taking an unduly long period of time to get back to the applicant, the applicant can file a suspension of action to gain back the time he or she lost on the patent term while waiting for the examiner to make the next move.


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