What are the reasons for withdrawing a patent application from issue?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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 several reasons why an applicant or the USPTO might withdraw a patent application from issue:

  • Discovery of new prior art: If relevant prior art is found that could affect patentability
  • Errors in the application: To correct mistakes or omissions in the application
  • Desire to file a Request for Continued Examination (RCE): To introduce new amendments or evidence
  • Interference proceedings: If an interference is declared involving the application
  • National security concerns: For applications that may impact national security

According to MPEP 1308: “A petition under 37 CFR 1.313(c) to have an application withdrawn from issue should be filed if applicant desires to have an information disclosure statement considered or to have prosecution reopened.”

Tags: interference, prior art, withdrawal reasons