What is the procedure 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.
The procedure for withdrawing a patent application from issue involves several steps, as outlined in MPEP 1308.01:
- The examiner notifies the Office of Patent Application Processing (OPAP) to withdraw the application from issue.
- OPAP then forwards the application to the Technology Center (TC) for processing.
- The TC Technical Support Staff (TSS) processes the withdrawal and forwards the application to the examiner.
- The examiner then takes the appropriate action (e.g., issuing a rejection, considering an amendment, etc.).
The MPEP states: “When the Technology Center (TC) Technical Support Staff (TSS) processes the withdrawal of an application from issue, a message is sent to the examiner and the examiner’s supervisory patent examiner.” This ensures proper handling and communication throughout the withdrawal process.