What’s the difference between withdrawing a patent term extension application and responding to an election requirement?

There’s a significant difference between withdrawing a patent term extension application and responding to an election requirement. The MPEP 2764 notes:

“This is a different situation as compared to MPEP § 2761 where the withdrawal is in response to a requirement for election and not an express withdrawal under 37 CFR 1.770.”

Key differences include:

• An express withdrawal under 37 CFR 1.770 is a voluntary action by the applicant to completely withdraw the application.
• A response to an election requirement (MPEP 2761) involves choosing between different aspects of the application in response to an examiner’s request, not necessarily withdrawing the entire application.
• The procedures and consequences for these actions differ, including potential refund eligibility and the ability to reinstate the application.

To learn more:

• patent term extension
• withdrawal
• election requirement
• USPTO procedure