What is the process for withdrawing a patent application from issue?

The process for withdrawing a patent application from issue depends on whether the issue fee has been paid. The MPEP outlines two scenarios:

1. Before payment of the issue fee: “Petitions, or requests at the initiative of the USPTO, to withdraw patent applications from issue before payment of the issue fee, 37 CFR 1.313(a), where the application is before the Technology Center.”
2. After payment of the issue fee: “Requests at the initiative of the USPTO to withdraw patent applications from issue after payment of the issue fee under 37 CFR 1.313(b), MPEP § 1308, subsection II.”

In the first case, the Technology Center Director has the authority to decide on the withdrawal. In the second case, the request must be initiated by the USPTO itself. Applicants should be aware that the chances of withdrawing an application decrease significantly after the issue fee is paid.

To learn more:

• Patent Application
• Issue Fee
• Withdrawal from Issue
• USPTO Procedures