Patent Application Filing Withdrawal
Description
How to fill out Assignment Of Design Patent Application After Execution But Before Filing By Sole Inventor?
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FAQ
In particular, an IDS filed (1) within one month of issuance of an Office Action or Notice of Allowance and requiring remailing of a new Office Action or Notice of Allowance, (2) after filing a reply to an Office Action, or (3) after issuance of a Notice of Allowance, can be counted as Applicant delay that can reduce ...
WITHDRAWAL OF PATENT APPLICATION - In case an applicant does not wish to publish the application then a request must be filed at the Indian patent office for the withdrawal of the application within 15 months of the date of priority or date of filing, whichever is earlier.
Yes, you should expressly abandon your first provisional patent application before refiling the same provisional especially if the subsequent provisional will be filed during a time period in which the first provisional may still have outstanding rights.
Applicants seeking to abandon an application to avoid publication of the application are urged to do so by filing a petition under 37 CFR 1.138(c) and submitting a declaration of express abandonment and the fee set forth in 37 CFR 1.17(h) in sufficient time to permit the appropriate officials (Office of Data Management ...
Once the issue fee is paid, withdrawal is permitted only for the reasons stated in 37 CFR 1.313(c), including an RCE. The status of the application at the time the petition is filed is determinative of whether the petition is considered under 37 CFR 1.313(a) or 37 CFR 1.313(c).