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03 - Withdrawal from Issue Before Payment of the Issue Fee

Deciding Office: The Technology Center Director

The criteria for a Petition for Withdrawal from Issue Before Payment of the Issue Fee is set forth in 37 CFR 1.313
MPEP § 1308

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.

Fees:

  • 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:

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.

Forms:

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).


 

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Last Modified: 10/23/2013 11:51:46 AM