What is the deadline for requesting withdrawal of a patent application from issue?
The deadline for requesting withdrawal of a patent application from issue depends on the current status of the application:
- Before payment of the issue fee: A petition to withdraw can be filed at any time before the issue fee is paid.
- After payment of the issue fee: A petition under 37 CFR 1.313(c) must be filed before the application is sent to the Office of Data Management for printing.
MPEP 1308 states: “If the petition is not filed until after the application has been sent to the Office of Data Management for printing, the petition will be dismissed.”
It’s crucial to act quickly if you need to withdraw an application from issue, as the window for doing so can be quite short after the issue fee is paid.
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