What are the valid reasons for the USPTO to withdraw an application from issue after payment of the issue fee?
The USPTO can withdraw an application from issue after payment of the issue fee only for specific reasons outlined in 37 CFR 1.313(b). The MPEP states:
“35 U.S.C. 151 and 37 CFR 1.313(b) do not authorize the USPTO to withdraw an application from issue after payment of the issue fee for any reason except:
- A mistake on the part of the Office;
- A violation of the rules of practice;
- Fraud;
- A violation of 35 U.S.C. 185;
- An interference;
- It is unpatentable;
- The publication of an applicant may be detrimental to the national security or to the public safety or health; or
- The publication of an applicant may prejudice United States foreign relations.
See 37 CFR 1.313(b).”
It’s important to note that reasons such as minor typographical errors or the need to submit an Information Disclosure Statement do not warrant withdrawing an application from issue after payment of the issue fee.
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