Deciding Office: The Technology Center Director
In general, these are the steps to follow for filing a Petition for Withdrawal from Issue Before Payment of the Issue Fee:
- A Petition for Withdrawal from Issue Before Payment of the Issue Fee must include: (1) a petition under this section including the fee set forth in 37 CFR 1.17(h) and, (2) a showing of good and sufficient reasons why withdrawal of the application from issue is necessary.
- A petition under this section is not required if a request for continued examination under 37 CFR 1.114 is filed prior to payment of the issue fee. If the Office withdraws the application from issue, the Office will issue a new notice of allowance if the Office again allows the application.
- For the proper petition fee required for a Petition for Withdrawal from Issue Before Payment of the Issue Fee, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1464/2464/3464 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.
How to File:
- This petition may be filed using any of these delivery methods.
For the relevant patent laws and rules applicable to Withdrawal from Issue Before Payment of the Issue Fee, please see:
- 37 CFR 1.17, Patent application and reexamination processing fees;
- 37 CFR 1.114, Request for continued examination;
- 37 CFR 1.313, Withdrawal from Issue; and
- MPEP § 1308, Withdrawal from Issue.
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).