Does withdrawing an appeal abandon the entire patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. No, withdrawing an appeal does not abandon the entire patent application if there are allowed claims. According to MPEP 1215.02 : “If an application contains allowed claims, as well as claims on appeal, the withdrawal of the appeal does not operate as an abandonment of the application” This means that the application remains active with the allowed claims, even if the appeal for other claims is withdrawn. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Application Abandoned on Appeal Withdrawal MPEP 1215.01 Recommended Application Returned to Examiner on Appeal Withdrawal Before Board Transfer MPEP 1215.01 Permitted Board Handles Appeal Withdrawal After Transfer MPEP 1215.01 RCE Requirement for Withdrawal of Appeal MPEP 1215.01 Permitted Application Abandoned if No Allowed Claims After Appeal Withdrawal MPEP 1215.01 Recommended Allowed Claims Retained, Dependent Claims Rejected MPEP 1215.01 Rejected Claims Abandon Application MPEP 1215.01 Claims 2 and 3 Cancelled, Claim 1 Issued Only MPEP 1215.01 Recommended Claims 1 and 2 Cancelled, Claim 3 Allowed MPEP 1215.01 Recommended RCE Without Fee or Submission Treats as Appeal Withdrawal MPEP 1215.01 Other Related FAQs 5 FAQs Collapse What is the difference between withdrawing an appeal and abandoning an application? What authority does the examiner have when an appeal is withdrawn? How can an applicant withdraw appealed claims? What are the consequences of failing to file an appeal brief within the specified time period? What are the consequences of withdrawing a patent appeal?