What is the process for rejecting a claim after allowance?

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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. Rejecting a claim after it has been noted as allowable requires special procedures and approval. According to MPEP 1308.01 : “A claim noted as allowable shall thereafter be rejected only with the approval of the primary examiner. Great care should be exercised in authorizing such rejection.” The process typically involves: Discovery of new grounds for rejection Preparing a memorandum to the Technology Center (TC) Director Requesting withdrawal of the application from issue If approved, preparing a new Office action stating the withdrawal and new grounds for rejection Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition to Withdraw Application from Issue Must Be Directed to TC Director MPEP 1308 Recommended Requirement for Withdrawal from Issue MPEP 1308 Memorandum for New Grounds of Rejection After Allowance MPEP 1308.01 Recommended Notice of Withdrawal From Issue When Fee Paid MPEP 1308 Required Director May Withdraw Application from Issue MPEP 1308 Permitted Petition for Withdrawal from Issue Upon Office Initiative or Applicant Request MPEP 1308 Permitted Petition for Withdrawing Application from Issue MPEP 1308 Required Petition for Withdrawal from Issue Requires Specific Defect MPEP 1308 Recommended Petition for Withdrawing Application from Issue Must Be Mailed to Specific Address MPEP 1308 Prohibited Petition to Withdraw Application from Issue Must Be Timely Filed MPEP 1308 Permitted 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 What actions does an examiner take after an application is withdrawn from issue?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 notice of allowance? Can an e...