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If, at any time after the petition is filed, the petitioner desires to withdraw the same, he shall file with the hearing clerk (or, if filed during the course of a hearing, with the judge) a written request for permission to withdraw.
(a) An application may be expressly abandoned by filing a written declaration of abandonment identifying the application in the United States Patent and Trademark Office.
Petitioners must file and complete payment for the ePetition and it must be granted by the USPTO before the Issue Date. Please file the petition as soon as possible so as to avoid any computer system problems which may cause the patent to issue despite the petition to withdraw from issue.
If the applicant wishes to have an application withdrawn from issue, he or she must petition the Director under 37 CFR 1.313(a) or file a request for continued examination (RCE) under 37 CFR 1.114 with a submission and the fee set forth in 37 CFR 1.17(e).
Applicants considering filing an RCE after payment of the issue fee are strongly cautioned to call the Office of Petitions to: (1) determine whether sufficient time remains before the patent issue date to consider (and grant) a petition, and (2) what steps are needed to ensure that a grantable petition is before an ...