Prosecution Suspended | Patently-O

Did you know: A few thousand patent applications are currently lying dormant at the USPTO with their prosecution “suspended” under 37 C.F.R. 1.103(c)/(d).  Part D allows allows for a patent applicant to defer examination for up to 3-years from the application effective filing date. To take advantage of the deferral, the filing and publication fees must be paid; the case must be in condition for publication; and have no issued office actions.  Part C suspends examination following the filing of an RCE for up to three-months.

One company – Intel – is responsible for the majority of applicant-requested suspended prosecution, with 2000+ applicants pending in suspended form. FujiFilm and Lyft are the two other big users, each with 100+ pending cases.

Would your clients benefit from a little bit more time?