37 CFR § 1.313 — Withdrawal from issue. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.313 Withdrawal from issue.
This page consolidates MPEP guidance interpreting 37 CFR § 1.313, including 132 rules 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.
Summary
37 CFR 1.313 governs the procedural mechanism for withdrawing a patent application from the final stages of issuance, requiring specific petitions and fees.
What this section covers
- Outlines the procedural process for removing a patent application from the final stages of patent issuance.
- Explains the regulatory framework governing patent application withdrawal requests.
Key obligations
- Requires payment of a specific fee for petitioning to withdraw an application from issue.
- Ensures compliance with the mandatory fee requirements for patent application withdrawal.
Conditions and exceptions
- Recognizes potential limitations or specific circumstances that might impact withdrawal eligibility.
Practice notes
- Advises practitioners to carefully consider timing and implications of withdrawing an application from issue.
- Recommends thorough review of administrative requirements before submitting a withdrawal petition.
Official MPEP § 1.313 — Withdrawal from issue.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.313 Withdrawal from issue.
- (a) Applications may be withdrawn from issue for further action at the initiative of the Office or upon petition by the applicant. To request that the Office withdraw an application from issue, applicant must file a petition under this section including the fee set forth in § 1.17(h) and a showing of good and sufficient reasons why withdrawal of the application from issue is necessary. A petition under this section is not required if a request for continued examination under § 1.114 is filed prior to payment of the issue fee. If the Office withdraws the application from issue, the Office will issue a new notice of allowance if the Office again allows the application.
- (b) Once the issue fee has been paid, the Office will
not withdraw the application from issue at its own initiative for
any reason except:
- (1) A mistake on the part of the Office;
- (2) A violation of § 1.56 or illegality in the application;
- (3) Unpatentability of one or more claims; or
- (4) For an interference or derivation proceeding.
- (c) Once the issue fee has been paid, the application
will not be withdrawn from issue upon petition by the applicant for
any reason except:
- (1) Unpatentability of one of more claims, which petition must be accompanied by an unequivocal statement that one or more claims are unpatentable, an amendment to such claim or claims, and an explanation as to how the amendment causes such claim or claims to be patentable;
- (2) Consideration of a request for continued examination in compliance with § 1.114 ; or
- (3) Express abandonment of the application. Such express abandonment may be in favor of a continuing application.
- (d) A petition under this section will not be effective to withdraw the application from issue unless it is actually received and granted by the appropriate officials before the date of issue. Withdrawal of an application from issue after payment of the issue fee may not be effective to avoid publication of application information.
[47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para. (a), 54 FR 6893, Feb. 15, 1989, 54 FR 9432, Mar. 7, 1989, effective Apr. 17, 1989; para. (b), 57 FR 2021, Jan. 17, 1992, effective Mar. 16, 1992; para. (a) revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; revised, 65 FR 14865, Mar. 20, 2000, effective May 29, 2000 (paras. (b), (c)(1), (c)(3) and (d) adopted as final, 65 FR 50092, Aug. 16, 2000); paras. (a) and (c)(2) revised, 65 FR 50092, Aug. 16, 2000, effective Aug. 16, 2000; para. (b)(4) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
- Abandonment
- Express Abandonment
- Access Records
- Access Document Types
- Third Party Access
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- Continuing Applications
- Continuation Applications
- Continuation Benefit
- Design Patents
- Design Priority Benefit
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- Ex Parte Reexamination
- Reexamination Conclusion
- Examination Procedure
- Allowance Practice
- Examiner Action
- Action Types
- Rce Practice
- Fees
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- Issue Fee
- Issue Fee Timing
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- Pct
- Pct National Stage Entry
- Reissue
- Reissue Grounds