Can a patent application be withdrawn from issue after payment of the issue fee?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a patent application can be withdrawn from issue even after payment of the issue fee. However, the process and requirements differ based on the timing:

• If withdrawn before the patent has been granted, a petition under 37 CFR 1.313(c) is required.
• If withdrawn after the patent has been granted, a certificate of correction or a reissue application may be necessary.

MPEP 1308 states: “A petition under 37 CFR 1.313(c) to withdraw an application from issue after payment of the issue fee should be filed with the Office of Petitions and should include the fee set forth in 37 CFR 1.17(h).”

It’s important to note that the timing of the withdrawal request can affect the available options and the likelihood of success.