---
kind: "section"
citation: "37 C.F.R. § 1.103"
title: "37"
number: "1.103"
heading: "Suspension of action by the Office."
url: "https://uscodex.org/cfr/37/1.103"
---

# §1.103. Suspension of action by the Office.

- (a) **Suspension for cause.** On request of the applicant, the Office may grant a suspension of action by the Office under this paragraph for good and sufficient cause. The Office will not suspend action if a reply by applicant to an Office action is outstanding. Any petition for suspension of action under this paragraph must specify a period of suspension not exceeding six months. Any petition for suspension of action under this paragraph must also include:
  - (1) A showing of good and sufficient cause for suspension of action; and
  - (2) The fee set forth in [§ 1.17(g)](/cfr/37/1.17.md?p=g), unless such cause is the fault of the Office.
- (b) **Limited suspension of action in a continued prosecution application (CPA) filed under § 1.53(d).** On request of the applicant, the Office may grant a suspension of action by the Office under this paragraph in a continued prosecution application filed under [§ 1.53(d)](/cfr/37/1.53.md?p=d) for a period not exceeding three months. Any request for suspension of action under this paragraph must be filed with the request for an application filed under [§ 1.53(d)](/cfr/37/1.53.md?p=d), specify the period of suspension, and include the processing fee set forth in [§ 1.17(i)](/cfr/37/1.17.md?p=i).
- (c) **Limited suspension of action after a request for continued examination (RCE) under § 1.114.** On request of the applicant, the Office may grant a suspension of action by the Office under this paragraph after the filing of a request for continued examination in compliance with [§ 1.114](/cfr/37/1.114.md) for a period not exceeding three months. Any request for suspension of action under this paragraph must be filed with the request for continued examination under [§ 1.114](/cfr/37/1.114.md), specify the period of suspension, and include the processing fee set forth in [§ 1.17(i)](/cfr/37/1.17.md?p=i).
- (d) **Deferral of examination.** On request of the applicant, the Office may grant a deferral of examination under the conditions specified in this paragraph for a period not extending beyond three years from the earliest filing date for which a benefit is claimed under [title 35](/cfr/35.md), United States Code. A request for deferral of examination under this paragraph must include the publication fee set forth in [§ 1.18(d)](/cfr/37/1.18.md?p=d) and the processing fee set forth in [§ 1.17(i)](/cfr/37/1.17.md?p=i). A request for deferral of examination under this paragraph will not be granted unless:
  - (1) The application is an original utility or plant application filed under [§ 1.53(b)](/cfr/37/1.53.md?p=b) or resulting from entry of an international application into the national stage after compliance with [§ 1.495](/cfr/37/1.495.md);
  - (2) The applicant has not filed a nonpublication request under [§ 1.213(a)](/cfr/37/1.213.md?p=a), or has filed a request under [§ 1.213(b)](/cfr/37/1.213.md?p=b) to rescind a previously filed nonpublication request;
  - (3) The application is in condition for publication as provided in [§ 1.211(c)](/cfr/37/1.211.md?p=c); and
  - (4) The Office has not issued either an Office action under [35 U.S.C. 132](/usc/35/132.md) or a notice of allowance under [35 U.S.C. 151](/usc/35/151.md).
- (e) **Notice of suspension on initiative of the Office.** The Office will notify applicant if the Office suspends action by the Office on an application on its own initiative.
- (f) **Suspension of action for public safety or defense.** The Office may suspend action by the Office by order of the Director if the following conditions are met:
  - (1) The application is owned by the United States;
  - (2) Publication of the invention may be detrimental to the public safety or defense; and
  - (3) **The appropriate department or agency requests such suspension.**

## Notes

### Amendments

[65 FR 50104, Aug. 16, 2000, as amended at 65 FR 57056, Sept. 20, 2000; 67 FR 523, Jan. 4, 2002; 69 FR 49999, Aug. 12, 2004; 69 FR 56542, Sept. 21, 2004; 78 FR 11057, Feb. 14, 2013]

### Authority

Authority: Secs. 1.101 to 1.108 also issued under 35 U.S.C. 131, 132.

### Authority

Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

### Source

Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.

### Amendments

[65 FR 50104, Aug. 16, 2000, as amended at 65 FR 57056, Sept. 20, 2000; 67 FR 523, Jan. 4, 2002; 69 FR 49999, Aug. 12, 2004; 69 FR 56542, Sept. 21, 2004; 78 FR 11057, Feb. 14, 2013]