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04 - Withdrawal from Issue After Payment of the Issue Fee

Deciding Office: The Office of Petitions

The criteria for a Petition for Withdrawal from Issue After 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 After Payment of the Issue Fee:

  • A Petition for Withdrawal from Issue After Payment of the Issue Fee of an application must include: (1) identification of one of the following reasons: (a) unpatentability of one or more claims, which must be accompanied by an unequivocal statement that one or more claims are unpatentable, an amendment to such claim or claims, and an explanation as to how the amendment causes such claims or claims to be patentable; (b) Consideration of a request for continued examination in compliance with 37 CFR 1.114 (for a utility or plant application only): or (c) express abandonment of the application (such express abandonment may be in favor of a continuing application, but not a CPA under 37 CFR 1.53(d)); and (2) payment of the petition fee.

Fees:

  • For the proper petition fee required for a Petition for Withdrawal from Issue After 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:

  • Any petition filed under 37 CFR 1.313(c) to withdraw an application from issue after payment of the issue fee should be clearly marked "Petition under 37 CFR 1.313(c)."
  • The USPTO cannot ensure that any Petition for Withdrawal from Issue After Payment of the Issue Fee under 37 CFR 1.313(c) will be acted upon prior to the date of patent grant; therefore it is highly recommended that any urgent (i.e., where the issue date is imminent) Petition for Withdrawal from Issue under 37 CFR 1.313(c), after payment of the Issue Fee, should be filed via:
    • EFS-Web (Web-based Electronic Filing System) accessible through the Electronic Business Center (EBC)
    • Directly facsimile transmitted to the Office of Petitions via 571-273-0025; or
    • Directly hand carried to the Office of Petitions (Bring petition to the Guards desk located on the west side of the Madison Building lobby (600 Dulany Street, Alexandria, VA); and
    • Immediately after an urgent petition for withdrawal from issue has been filed, the Office of Petitions should be alerted with a follow-up telephone call via 571-272-3282.

For the relevant patent laws and rules applicable to Withdrawal from Issue After Payment of the Issue Fee, please see:

  • 37 CFR 1.17, Patent application and reexamination processing fees;
  • 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).

United States Patent and Trademark Office
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Last Modified: 10/23/2013 11:51:12 AM