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 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).

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The Federal Register is the authoritative source and should be consulted if a need arises to verify the authenticity of the language for any CFR citation.  Because fee schedule changes may not be reflected in the most recent version of the MPEP, please consult the USPTO Fee Schedule to determine current fee amounts.