To withdraw from issue a utility or plant application, an applicant may wish to file a petition under 37 CFR 1.313(c)(2) with a RCE or under 37 CFR 1.313(c)(3) Businesses that have opted European patents out of being litigated before the Unified Patent Court (UPC) are only blocked from withdrawing that optout.A magistrate judge allowed the firm to drop its representation of a company suing Samsung for patent infringement. The withdrawal must be made within sixteen months of the filing date of the earliest priority application (section 17 of the Patent Rules). (typically a defendant in a patent lawsuit) filing a petition asking the PTAB to invalidate one or more. Explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the. How does an attorney or agent officially withdraw from a patent application? An application requires that one fills out the forms prescribed in the relevant ordinances and submit them to the JPO. The Intellectual Property Office ( IPO ) will do a basic check that your application is complete and your documents are in the right format. Sequence Listing, if any (PDF). 2.