MPEP Q & A 41: Withdrawing an Application From Issue After Payment of the Issue Fee

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Question:

Why might the USPTO withdraw an application from issue after payment of the issue fee?

Answer:

The USPTO might withdraw an application from issue after payment of the issue fee due to:

  • (1) a mistake on the part of the Office:
  • (2) a violation of 37 CFR 1.56 or illegality in the application;
  • (3) unpatentability of one or more claims; or
  • (4) for interference or derivation.

Chapter Details:

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

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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