What are the consequences of withdrawing a patent appeal?

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.

To learn more:

Tags: appeal withdrawal, final rejection, patent appeal, patent prosecution