PTO/SB/37 Request for Suspension of Action or Deferral of Examinat

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PTO/SB/37 (07-12)
Approved for use through XX/XX/XXXX. OMB 0651-0031
U.S. Patent and Trademark Office; U. S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

Request for Deferral of Examination 37 CFR 1.103(d)
Application Number

Art Unit

Filing Date

Examiner Name

First Named Inventor

Attorney Docket Number

Address to:

Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

I hereby request deferral of examination under 37 CFR 1.103(d) for the above-identified (non-reissue) utility or plant application filed under
37 CFR 1.53(b) for a period of
months (maximum 3 years), from the earliest filing date for which a benefit is claimed.
Deferral of examination under 37 CFR 1.103(d) is suspension of action. As a result, any patent term adjustment may be reduced. See 37 CFR
1.704(c)(1).
Note: The request will not be granted unless the application is in condition for publication as provided in 37 CFR 1.211(c) and the
Office has not issued either an Office action under 35 U.S.C. 132 or a notice of allowance under 35 U.S.C. 151.

If applicant previously filed a nonpublication request under 37 CFR 1.213(a):
I hereby rescind under 37 CFR 1.213(b) the previous filed request that the above-identified application not be published under
35 U.S.C. 122(b).
Note: Application will be scheduled for publication at 18 months from the earliest claimed filing date for which a benefit is claimed.

Fees
a.

The Director is hereby authorized to charge the following fees, or credit any overpayment, to
Deposit Account No.
.
i.

Processing fee set forth in 37 CFR 1.17(i) for request for deferral of examination.

Ii.

Publication fee set forth in 37 CFR 1.18(d).

iii.

Other

.

b.

Check in the amount of $

c.

Payment by credit card (Form PTO-2038 enclosed).

is enclosed.

WARNING: Information in this form may become public. Credit card information should not be included on this form.
Provide credit card information and authorization on PTO-2038.
Note: The publication fee set forth in 37CFR 1.18(d) and the processing fee in 37 CFR 1.17(i) for deferral of examination are required
when the request of deferral of examination is filed.

Signature

Date

Name
(Print/Typed)
Registration Number
Note: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4(d) for signature requirements and certifications.
Submit multiple forms for more than one signature, see below*.
*Total of

forms are submitted.

This collection of information is required by 37 CFR 1.103(d). The information is required to obtain or retain a benefit by the public which is to file (and by the
USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to
complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case.
Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief
Administrative Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND
FEES OR COMPLETED
FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.

Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with
your submission of the attached form related to a patent application or patent. The United States Patent
and Trademark Office (USPTO) collects this information under authority of 5 CFR 339.205. The
information in this system of records is used to manage all records of applicant including name,
citizenship, residence, post office address and other information pertaining to the applicant's activities in
connection with the invention for which a patent is sought. Statements containing various kinds of
information with respect to inventors who are deceased or incapacitated, or who are unavailable or
unwilling to make application for patent. The information obtain is protected from disclosure to third
parties in accordance with the Privacy Act.
However, routine uses of this information may include disclosure to the following: to law enforcement and
investigation in the event that the system of records indicates a violation or potential violation of law; to a
Federal, state, local, or international agency, in response to its request; to an agency, organization, or
individual for the purpose of performing audit or oversight operations as authorized by law; to non-federal
personnel under contract to the agency; to a court for adjudication and litigation; to the Department of
Justice for Freedom of Information Act (FOIA) assistance; to members of congress working on behalf of
an individual; to the Office of Personnel Management (OPM) for personnel research purposes; to
National Archives and Records Administration for inspection of records; and to the Office of Management
and Budget (OMB)for legislative coordination and clearance. Failure to provide any part of the requested
information may result in an inability to process requests for access and information. The applicable
Privacy Act System of Records Notice for this information is COMMERCE/PAT-TM-7 Patent Application
Files, available at Federal Register /Vol. 78, No. 61 / Friday, March 29, 2013 /Notices 19243. https://
www.govinfo.gov/content/pkg/FR-2013-03-29/pdf/2013-07341.pdf