Can the USPTO withdraw a patent application from issue on its own initiative?
Yes, the USPTO can withdraw a patent application from issue on its own initiative. This is known as sua sponte withdrawal. According to MPEP 1308:
“The Director may withdraw an application from issue under 37 CFR 1.313 on his or her own initiative. See Harley v. Lehman, 981 F. Supp. 9, 12, 44 USPQ2d 1699, 1702 (D.D.C. 1997).”
Reasons for the USPTO to initiate withdrawal may include:
- Discovery of a significant patentability issue
- Identification of a serious error in the application
- National security concerns
- Interference proceedings
When the USPTO withdraws an application sua sponte, they will typically notify the applicant and provide an explanation for the withdrawal.
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