03 - Withdrawal from issue before payment of the issue fee

Deciding Office:  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 with a submission and the fee set forth in 37 CFR 1.17(e) 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 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 delivermethods.

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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The Federal Register is the authoritative source and should be consulted if a need arises to verify the authenticity of the language for any CFR citation.  Because fee schedule changes may not be reflected in the most recent version of the MPEP, please consult the USPTO Fee Schedule to determine current fee amounts.