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According to MPEP 1308: “A petition under 37 CFR 1.313(c) to have an application withdrawn from issue should be filed if applicant desires to have an information disclosure statement considered or to have prosecution reopened.”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