Form PTO/SB/140 Petition to Withdraw an Application from Issue After Pay

PTO/SB/140 (11-10)
Approved for use through xx/xx/xxxx. 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An application may be withdrawn from issue for further action upon petition by the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 Administrative 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. The United States Patent and
Trademark Office (USPTO) collects this information under authority of 5 CFR 339.205. The information in this
system of records is used to manage all records of applicant including name, citizenship, residence, post office
address and other information pertaining to the applicant's activities in connection with the invention for which a
patent is sought. Statements containing various kinds of information with respect to inventors who are
deceased or incapacitated, or who are unavailable or unwilling to make application for patent. The information
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inability to process requests for access and information. The applicable Privacy Act System of Records Notice
for this information is COMMERCE/PAT-TM-7 Patent Application Files, available at Federal Register /Vol. 78,
No. 61 / Friday, March 29, 2013 /Notices 19243. https://www.govinfo.gov/content/pkg/FR-2013-03-29/
pdf/2013-07341.pdf