MPEP Q & A 313: Reasons why the Office will withdraw the application from issue.

mpep-podcast-800

Question:

Once the issue fee has been paid, list two reasons why the Office will withdraw the application from issue at its own initiative.

Answer:

Once the issue fee has been paid, the Office will not withdraw the application from issue at its own initiative for any reason except:

  • (1) A mistake on the part of the Office;
  • (2) A violation of 1.56 or illegality in the application;
  • (3) Unpatentability of one or more claims; or
  • (4) For interference or derivation proceeding.

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 07.2022, Published February 2023. 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.


Free Video Series: Starting a Career in Patent Law and Passing the Patent Bar Exam.

Get the video series + receive study tips, special offers, and exam updates in our weekly newsletter.

    We won't send you spam. Unsubscribe at any time.