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Can the USPTO withdraw a patent application from issue on its own initiative?

By russ.krajec@blueironip.com | September 27, 2024

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,…

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