Patent bar Allowance, issue, reissue and correction of patents question: before grant without filing a request for continued examination

Answer: C. Petition under 37 CFR 1.313(c)(1) with the fee, a clear statement that claim 3 is unpatentable, an amendment and an explanation

Answer: Petition under 37 CFR 1.313(c)(1) with the fee, a clear statement that claim 3 is unpatentable, an amendment and an explanation. After the issue fee is paid, an application is withdrawn from issue on the applicant's petition only for unpatentability of one or more claims, consideration of an RCE, or express abandonment (37 CFR 1.313(c)). A petition based on unpatentability must include an unequivocal statement that one or more claims are unpatentable, an amendment to those claims, and an explanation of how the amendment makes them patentable, with the 1.17(h) fee; it must be granted before the issue date (37 CFR 1.313(c)(1), (d); MPEP 1308). Why not the others: - A 1.312 amendment: such amendments must be filed no later than payment of the issue fee. - A 1.313(a) petition: once the issue fee is paid, withdrawal on petition is limited to the reasons in 1.313(c). - A disclaimer in the application: a statutory disclaimer under 1.321(a) disclaims claims of an issued patent; it is not a way to amend a pending application. - Paragraph (b) lists the grounds on which the Office acts on its own initiative; an applicant seeking withdrawal after payment must petition under paragraph (c). Rule: After the issue fee is paid, an applicant withdraws from issue only under 1.313(c): unpatentability (with statement, amendment and explanation), RCE, or express abandonment. Source: MPEP § 1308 (9th ed., Rev. 01.2024); 37 CFR 1.313(c), 1.313(d), 1.312, 1.321(a); as at Oct 2026