How are requests for withdrawal from issue handled in patent examination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. Requests for withdrawal from issue are among the exceptions to partial signatory authority in patent examination, as outlined in MPEP 1005 . This means that such requests require the signature of a primary examiner, Technology Center Director, or practice specialist, even if the examiner has partial signatory authority. The process for handling requests for withdrawal from issue is detailed in MPEP § 1308 . These requests are typically made when an applicant or the USPTO becomes aware of information that may affect the patentability of a case that has been approved for issuance. The requirement for a higher-level signature on these requests ensures that the decision to withdraw an application from issue is carefully reviewed. This is crucial because withdrawing an application from issue can have significant implications for the timing and outcome of the patent grant process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Withdrawal from Issue MPEP 1308 Amendments to Partial Signatory Authority MPEP 1005 Petition to Withdraw Application from Issue Must Be Directed to TC Director MPEP 1308 Recommended Petition for Withdrawal from Issue Requires Specific Defect MPEP 1308 Recommended Petition for Withdrawal from Issue Upon Office Initiative or Applicant Request MPEP 1308 Permitted Petition to Withdraw Application from Issue Must Be Timely Filed MPEP 1308 Permitted Notice of Withdrawal From Issue When Fee Paid MPEP 1308 Required Petition for Withdrawing Application from Issue MPEP 1308 Required Director May Withdraw Application from Issue MPEP 1308 Permitted Petition Grant Withdraws Application from Issue MPEP 1308 Other Related FAQs 5 FAQs Collapse ...