14 - Deferment of issuance of patents

Deciding Office:  Office of Petitions

The criteria for a petition related to deferment of issuance of patents is set forth in 37 CFR 1.314, and MPEP § 1306.01.

In general, these are the steps to follow for filing a petition related to deferment of issuance of patents:

  • A petition related to deferment of issuance of patents, before payment of the issue fee, must include:

(1) a showing of good and sufficient reasons why it is necessary to defer issuance of the patent; and 
(2) payment of the petition fee set forth in 37 CFR 1.17(h).

Fees:

For the proper petition fee required for a petition related to deferment of issuance of patents, please consult the current USPTO fee schedule on the Fees and payments page for code 1464/2464/3464 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to file:

This petition may be filed using any of these delivery methods.

For the relevant patent laws and rules applicable to petitions for deferment of issuance of patents, please see:

  • 37 CFR 1.17, Patent application and reexamination processing fees
  • 37 CFR 1.314, Issuance of patent; and
  • MPEP § 1306.01, Deferring issuance of a patent.

Forms:

No form available. Submit a signed request that includes information listed in Requirements of a petition.

For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).