ePetition Filing Requirements: Petition to Withdraw from Issue after Payment of the Issue Fee (37 CFR 1.313 (c)(3) with Assigned Patent Number)

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Below are the general filing requirements for an ePetition requesting to withdraw an application from issue after payment of the issue fee under 37 CFR 1.313(c)(3) when a patent number has already been assigned:

  •  Only registered users of the USPTO patent electronic filing system may file this petition as an ePetition.

  • Not available for design applications.

  • The user must enter a valid U.S. application number.

  • The application number entered must not be for an issued patent.

  • The application must not be in an abandoned status.

  • The application must have a patent number assigned.

  • The Issue Fee must have been paid.

  • The patent issue date of the application must be later than the current date.

  • If the filer has power of attorney, a valid Registration Number must be entered.

  • Patent practitioners acting in a representative capacity may not file this petition.

  • The filer must indicate the current entity status.

  • No documents need to be attached for this ePetition.

WARNING: The application will be expressly abandoned if this ePetition is granted.

NOTE: A successful ePetition submission will result in an Electronic Acknowledgement Receipt and Grant Letter being generated. Petitioners should verify that the information on the Electronic Acknowledgement Receipt and Grant Letter is complete and accurate as proof that the ePetition submission was successful.

Patents are issued each Tuesday at Midnight (12:00 a.m. Eastern Time). Petitioners must file and complete payment for the ePetition and it must be granted by the USPTO before the Issue Date. Please file the petition as soon as possible so as to avoid any computer system problems which may cause the patent to issue despite the petition to withdraw from issue.

Additional information on petitions to withdraw from issue after payment of the issue fee under 37 CFR 1.313(c) is available on the Office of Petitions web page.