What is meant by “Withdrawal or Dismissal of Appeal” in patent prosecution?

Question

Accepted Answer

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. “Withdrawal or Dismissal of Appeal” in patent prosecution refers to the termination of an appeal process before the Patent Trial and Appeal Board (PTAB) either by the applicant’s voluntary withdrawal or by the Board’s dismissal. This process is outlined in MPEP 1215 . Withdrawal typically occurs when an applicant decides to end the appeal process voluntarily, while dismissal is usually initiated by the Board for procedural reasons or lack of compliance with appeal requirements. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Board Handles Appeal Withdrawal After Transfer MPEP 1215.01 RCE Requirement for Withdrawal of Appeal MPEP 1215.01 Permitted Application Abandoned on Appeal Withdrawal MPEP 1215.01 Recommended Effective Abandonment Date Determined by Official Recognition MPEP 1215.01 Application Returned to Examiner on Appeal Withdrawal Before Board Transfer MPEP 1215.01 Permitted RCE Not Applicable to Pre-1995 Utility/Plant Patents, Designs, or Reexaminations MPEP 1215.01 RCE Requires Incorporating Previous Appeal Brief MPEP 1215.01 RCE Without Fee or Submission Treats as Appeal Withdrawal MPEP 1215.01 Requirement for Proper RCE Filing to Avoid Abandonment MPEP 1215.01 Recommended Appellant May Request Reopening Prosecution After Appeal MPEP 1215.01 Permitted Other Related FAQs 5 FAQs Collapse What are the consequences of failing to file an appeal brief within the specified time period? Does withdrawing an appeal abandon the entire patent application? What is the difference between withdrawing an appeal and abandoning an application? What are the consequences of withdrawing a patent appeal? What authority does the examiner have when an appeal is withdrawn?