What are the options for withdrawing an application from issue?
There are two main options for withdrawing an application from issue:
- Petition the Director under 37 CFR 1.313(a)
- File a request for continued examination (RCE) under 37 CFR 1.114
The MPEP states: “If the applicant wishes to have an application withdrawn from issue, he or she must petition the Director under 37 CFR 1.313(a) or file a request for continued examination (RCE) under 37 CFR 1.114 with a submission and the fee set forth in 37 CFR 1.17(e).” It’s important to note that RCE practice does not apply to utility or plant applications filed before June 8, 1995, and design applications.
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