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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.
A patent transfer is usually accomplished through a contract, like the written agreement form that follows. However, after the parties have negotiated and signed their agreement, the transfer must be recorded with the U.S. Patent and Trademark Office (USPTO).
If the applicant wishes to have an application withdrawn from issue, he or she must petition the Director under 37 CFR 1.313(a) or file a request for continued examination (RCE) under 37 CFR 1.114 with a submission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).
The applicant must file the RCE with a qualifying submission and fee before: Paying the issue fee. Abandoning the application. Seeking judicial review.
In addition, applicants considering filing a RCE after payment of the issue fee are strongly cautioned to call the Office of Petitions to determine whether sufficient time remains before the patent issue date to consider (and grant) a petition under 37 CFR 1.313(c) and what steps are needed to ensure that a grantable ...