How can I withdraw my application for patent term extension?

To withdraw an application for patent term extension, you must follow the procedure outlined in 37 CFR 1.770. Specifically:

  • File a written declaration of withdrawal in duplicate with the USPTO.
  • Ensure the declaration is signed by the patent owner of record or their agent.
  • Submit the withdrawal before a determination is made under 37 CFR 1.750.

The MPEP states: “An application for extension of patent term may be expressly withdrawn before a determination is made pursuant to § 1.750 by filing in the Office, in duplicate, a written declaration of withdrawal signed by the owner of record of the patent or its agent.”

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Topics: Adjustments, And Extensions, MPEP 2700 - Patent Terms, MPEP 2764 - Express Withdrawal Of Application For Extension Of Patent Term, Patent Law, Patent Procedure
Tags: patent procedure, patent term extension, USPTO