How can an applicant request withdrawal of a patent application from issue?
An applicant can request withdrawal of a patent application from issue by following these steps:
- File a petition under 37 CFR 1.313(c) to withdraw the application from issue
- Submit the petition electronically using the USPTO’s EFS-Web system
- Pay the required petition fee
- Include a statement of the reasons for requesting withdrawal
As stated in MPEP 1308: “If the reasons relate to the discovery of new references, the petition should be accompanied by a statement of the references to be cited.”
It’s important to note that the USPTO may not grant all withdrawal requests, especially if the application has already been sent to the Office of Data Management for printing.
To learn more: