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,…
Read MoreCan the USPTO withdraw an application from issue on its own initiative?
Yes, the USPTO can withdraw an application from issue on its own initiative. The MPEP states: “The Director may withdraw an application from issue under 37 CFR 1.313 on his or her own initiative.“ This authority is supported by case law, as noted in the MPEP: “See BlackLight Power Inc. v. Rogan, 295 F.3d 1269,…
Read MoreWhat is the status of a patent application after a notice of allowance is mailed?
Once a nonprovisional patent application has been examined and determined to meet all statutory requirements, a notice of allowance is sent to the applicant. The status of the application is then considered “allowed” or “in issue”. As per MPEP 203.04: An “allowed” nonprovisional application or an application “in issue” is one which has been examined…
Read More