What is the procedure for withdrawing a patent application from issue?
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.
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