When can a patent application be withdrawn from issue according to MPEP 1308.02?
According to MPEP 1308.02, a patent application can be withdrawn from issue when there are reasons related to interference or derivation proceedings. The section states:
“It may be necessary to withdraw a case from issue for reasons connected with an interference or derivation.”
This means that if an interference or derivation proceeding is initiated or ongoing, and it affects a patent application that has been approved for issuance, the USPTO may need to withdraw that application from the issue process. This allows the interference or derivation matter to be resolved before the patent is granted. For the specific procedures on how this withdrawal is carried out, MPEP 1308.02 directs readers to MPEP Chapter 2300.
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