What are the consequences of withdrawing a patent appeal?

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.

Withdrawing a patent appeal can have several consequences:

• The application returns to examination, often with a final rejection in place.
• The applicant may need to file a request for continued examination (RCE) to continue prosecution.
• Appeal fees may not be refunded, depending on the timing of the withdrawal.
• The applicant loses the opportunity to have the Board review the examiner’s rejections.

It’s important to consult the MPEP 1215 and discuss with a patent attorney before deciding to withdraw an appeal.