What are the options for withdrawing an application from issue?

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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. 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for continued examination (RCE) under 37 CFR 1.114 The MPEP states: “ If the applicant wishes to have an application withdrawn from issue, he or she must petition the Director under 37 CFR 1.313(a) or file a request for continued examination (RCE) under 37 CFR 1.114 with a submission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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Withdrawing Application from Issue MPEP 1308 Required Request for Continued Examination Before Issue Fee MPEP 1308 Required Petition for Withdrawing Application from Issue Must Be Mailed to Specific Address MPEP 1308 Prohibited Petition for Continued Examination Required MPEP 1308 Required Petition to Withdraw Application from Issue Must Be Directed to TC Director MPEP 1308 Recommended Requirement for Withdrawal from Issue MPEP 1308 Notice of Withdrawal From Issue When Fee Paid MPEP 1308 Required Petition for Withdrawal from Issue Upon Office Initiative or Applicant Request MPEP 1308 Permitted Petition for Withdrawal from Issue Requires Specific Defect MPEP 1308 Recommended Director May Withdraw Application from Issue MPEP 1308 Permitted Other Related FAQs 5 FAQs Collapse What are the requirements for filing a CPA in a design application? Can a previously paid issue fee be applied to a new Notice of Allowance? How are new references cited when a patent application is in issue? What are the conditions for withdrawing...