How can an applicant withdraw appealed claims?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

An applicant can withdraw appealed claims by submitting an amendment that cancels those claims. The MPEP 1215.02 provides guidance on this:

“An amendment canceling the appealed claims is equivalent to a withdrawal of the appeal.”

This means that if you want to withdraw your appeal for specific claims, you can simply file an amendment canceling those claims. This action will be treated as a withdrawal of the appeal for those particular claims.

Tags: appeal withdrawal, Claim Cancellation, patent amendment, patent procedure