Form PTO/SB/140 Petition to Withdraw An Application From Issue After Pay

PTO/SB/140 (11-10)
Approved for use through xx/xx/201x. OMB 0651-00xx
U.S. Patent and Trademark Office; U. S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.

PETITION TO WITHDRAW AN APPLICATION FROM ISSUE AFTER PAYMENT OF
THE ISSUE FEE UNDER 37 CFR 1.313(c)
First named inventor:
Application No.:

Art Unit:

Filed:

Examiner:

Title:
Attention: Office of Petitions
An application may be withdrawn from issue for further action upon petition by the
applicant. To request that the Office withdraw an application from issue, applicant must
file a petition under this section including the fee set forth in § 1.17(h) and a showing of
good and sufficient reasons why withdrawal of the application from issue is necessary.
APPLICANT HEREBY PETITIONS TO WITHDRAW THIS APPLICATION FROM ISSUE
UNDER 37 CFR 1.313(c).
A grantable petition requires the following items:
(1) Petition fee; and
(2) One of the following reasons:
(a) Unpatentability of one or more claims, which must be accompanied by an
unequivocal statement that one or more claims are unpatentable, an amendment to
such claim or claims, and an explanation as to how the amendment causes such
claim or claims to be patentable;
(b) Consideration of a request for continued examination in compliance with §
1.114 (for a utility or plant application only); or
(c) Express abandonment of the application. Such express abandonment may be
in favor of a continuing application, but not a CPA under 37 CFR 1.53(d).
1. Petition Fee
 $________ (37 CFR 1.17(h)).
2. Reason for withdrawal from issue
 One or more claims are unpatentable
 Amendment and explanation attached
 Consideration of a request for continued examination (RCE)

 RCE request attached
 RCE fee attached
 RCE submission attached
 Applicant hereby expressly abandons the instant application (any attorney/agent signing for
this reason must have been given power of attorney)
THIS PORTION MUST BE COMPLETED BY THE SIGNATORY OR SIGNATORIES
I certify, in accordance with 37 CFR 1.4(d)(4) that I am:
○ An attorney or agent registered to practice before the Patent and Trademark Office who has
been given power of attorney in this application
○ An attorney or agent registered to practice before the Patent and Trademark Office
○ A sole inventor
○ A joint inventor; I certify that I am authorized to sign this submission on behalf of all of the
inventors
○ A joint inventor; all of whom are signing this e-petition
○ The assignee of record of the entire interest that has properly made itself of record pursuant to
37 CFR 3.71.
______________________________________
Signature
_______________________________________
Typed or printed name

_____________________
Date
_______________________
Registration Number, if applicable

This collection of information is required by 35 U.S.C. §§ 131 and 132, 37 CFR 1.313(c), and 37 CFR 1.17(h). The information is
required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
governed by 35 U.S.C. § 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 1 hour to complete, including
gathering, preparing, and submitting the completed form to the USPTO. Time will vary depending upon the individual case. Any
comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to
the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA
22313-1450.
If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.

Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
submission of the attached form related to a patent application or patent. Accordingly, pursuant to the
requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
35 U.S.C. § 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for
which the information is used by the U.S. Patent and Trademark Office is to process and/or examine your
submission related to a patent application or patent. If you do not furnish the requested information, the U.S.
Patent and Trademark Office may not be able to process and/or examine your submission, which may result in
termination of proceedings or abandonment of the application or expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1.

2.

3.

4.

5.

6.

7.

8.

9.

The information on this form will be treated confidentially to the extent allowed under the Freedom of
Information Act (5 U.S.C. § 552) and the Privacy Act (5 U.S.C. § 552a). Records from this system of
records may be disclosed to the Department of Justice to determine whether disclosure of these records is
required by the Freedom of Information Act.
A record from this system of records may be disclosed, as a routine use, in the course of presenting
evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the
course of settlement negotiations.
A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting
a request involving an individual, to whom the record pertains, when the individual has requested
assistance from the Member with respect to the subject matter of the record.
A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
need for the information in order to perform a contract. Recipients of information shall be required to
comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. § 552a(m).
A record related to an International Application filed under the Patent Cooperation Treaty in this system of
records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
Organization, pursuant to the Patent Cooperation Treaty.
A record in this system of records may be disclosed, as a routine use, to another federal agency for
purposes of National Security review (35 U.S.C. § 181) and for review pursuant to the Atomic Energy Act
(42 U.S.C. § 218(c)).
A record from this system of records may be disclosed, as a routine use, to the Administrator, General
Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency’s
responsibility to recommend improvements in records management practices and programs, under
authority of 44 U.S.C. §§  2904 and 2906. Such disclosure shall be made in accordance with the GSA
regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or
Commerce) directive. Such disclosure shall not be used to make determinations about individuals.
A record from this system of records may be disclosed, as a routine use, to the public after either
publication of the application pursuant to 35 U.S.C. § 122(b) or issuance of a patent pursuant to 35 U.S.C.
§ 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to
the public if the record was filed in an application which became abandoned or in which the proceedings
were terminated and which application is referenced by either a published application, an application open
to public inspection or an issued patent.
A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.