MPEP Q & A 196: Submission of Petition to Withdraw Application from Issue Under 37 CFR 1.313(c)



How can petitions to withdraw an application from issue under 37 CFR 1.313(c) be sent to the USPTO?


Petitions to withdraw an application from issue under 37 CFR 1.313(c) may be:

  • (A) mailed to “Mail Stop Petition, Commissioner for Patents”;
  • (B) transmitted by facsimile;
  • (C) hand-carried to the Office of Petitions; or
  • (D) filed via EFS-Web as an ePetition.

Chapter Details:

The answer to this question can be found in chapter 1300 of the MPEP. This chapter covers Allowance and Issue.

The answer is from the 9th Edition, Revision 08.2017. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1308 of the MPEP.  The following is a brief summary of section 1308.

1308 Withdrawal From Issue

This section covers the withdrawal of an application from issue. Specific topics discussed include the withdrawal from issue at the initiative of the applicant both prior to and after the payment of the issue fee.  Withdrawal from issue at the initiative of the Office is also covered.

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