What happens if a rejection is made after the issue fee has been paid?
If a rejection is made after the issue fee has been paid, the following steps are taken:
- The Office of Patent Application Processing (OPAP) withdraws the application from issue.
- The examiner’s rejection is mailed.
- The applicant is given a new period for reply.
- The issue fee previously paid is applied to any future issue fee required.
As stated in MPEP 1308.01: “If a rejection is made after the issue fee has been paid (A) the Office of Patent Application Processing (OPAP) will be notified to withdraw the application from issue, (B) the examiner’s rejection will be mailed, and (C) the applicant will be given a new period for reply.”
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