What are the conditions for withdrawing an application after payment of the issue fee?
After the issue fee is paid, withdrawal is permitted only for the reasons stated in 37 CFR 1.313(c). The MPEP states:
“Once the issue fee is paid, withdrawal is permitted only for the reasons stated in 37 CFR 1.313(c).“
The specific reasons identified in 37 CFR 1.313(c)(1)-(3) are:
- Unpatentability of one or more claims
- Consideration of a request for continued examination (RCE)
- Express abandonment in favor of a continuing application
Additionally, the MPEP notes: “In addition to the specific reasons identified in 37 CFR 1.313(c)(1)-(3) applicant should identify some specific and significant defect in the allowed application before the application will be withdrawn from issue.“
To learn more: