37 C.F.R. § 1.314
Issuance of patent
If applicant timely pays the issue fee, the Office will issue the patent in regular course unless the application is withdrawn from issue (§ 1.313) or the Office defers issuance of the patent. To request that the Office defer issuance of a patent, applicant must file a petition under this section including the fee set forth in § 1.17(h) and a showing of good and sufficient reasons why it is necessary to defer issuance of the patent.
Notes of Decisions
Cited in 2
cases, 1984–2012 · leading case: In Re Yamazaki, 702 F.3d 1327 (Fed. Cir. 2012).
In Re Yamazaki, 702 F.3d 1327 (Fed. Cir. 2012). “313 after the payment of the issue fee; 4 The error of the applicants in not deferring issuance of the patent under 37 CFR 1.314 until the outstanding Petition to Withdraw was considered; and 5 The error of the Examiner/USPTO in failing to consider and act upon the Petition to…”
Neumann v. Reinforced Earth Co., 594 F. Supp. 139 (D.D.C. 1984). “37 C.F.R. § 1.314 . 4 . Although the plaintiffs argue that the witnesses were testifying in the present tense and put into evidence no testimony on the size of the market in the years in question, the transcript suggests otherwise.”
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