Deciding Office: Office of Petitions
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).
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:
The USPTO cannot ensure that any petition for deferment of issuance under 37 CFR 1.314 will be acted upon prior to the date of patent grant; therefore it is highly recommended that any petition for deferment of issuance under 37 CFR 1.314 should be filed via:
- Patent Electronic System accessible through the Electronic Business Center (EBC);
- direct facsimile transmitted to the Office of Petitions via 571-273-0025; or
- direct hand carry to the Office of Petitions on the 7th floor of the Madison West Building, 600 Dulany Street, Alexandria, VA 22314. At the guard station in Madison West, the security guard should call the Office of Petitions at (571) 272-3282 for delivery assistance. Hand-carried papers will be accepted between the hours of 8:30 am to 3:45 pm.
Immediately after a petition for deferment of issuance has been filed, the Office of Petitions should be alerted with a follow-up telephone call via 571-272-3282.
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.
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).
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.