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

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

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,…

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