What happens if a rejection is made after the issue fee has been paid?

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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. 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Previously Paid Issue Fee Can Be Applied to New Allowance MPEP 1308.01 Permitted Petition to Withdraw Application from Issue Must Be Directed to TC Director MPEP 1308 Recommended Petition to Withdraw Application from Issue Must Be Timely Filed MPEP 1308 Permitted Notice of Withdrawal From Issue When Fee Paid MPEP 1308 Required Requirement for Withdrawal from Issue MPEP 1308 Previously Paid Issue Fee Can Be Applied Again MPEP 1308 Previously Paid Issue Fee Can Be Reapplied If Application Is Again Found Allowable After Withdrawal From Issue MPEP 1308 Petition Grant Withdraws Application from Issue MPEP 1308 Petition Required to Withdraw Application from Issue MPEP 1308 Required Issue Fee Withdrawal Notification Required When Fee Not Paid MPEP 1308 Other Related FAQs 5 FAQs Collapse Can a previously paid issue fee be applied to a new Notice of Allowance? What actions does an examiner take after an application is withdrawn from issue? What happens if an examiner discovers prior art after a n...