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) Describes the steps to follow for filing a petition for withdrawal from issue after payment of the issue fee.The process for withdrawing a patent application from issue depends on whether the issue fee has been paid. The MPEP outlines two scenarios:. You need not withdraw your patent. A patent is a "negative" right. When filing such a petition, the attorney or agent must provide reasons for the withdrawal and ensure that the client's interests are protected. The application you are asking about was withdrawn after publication and never was granted. This means there isn't a patent and there is no patent protection. For withdrawal during reexamination proceedings, see MPEP § 2223.