Is there a deadline for withdrawing a patent term extension application?

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.

Yes, there is a deadline for withdrawing a patent term extension application. According to MPEP 2764:

“An application may not be expressly withdrawn after the date permitted for reply to the final determination on the application.”

This means you must withdraw your application before the USPTO makes a final determination. If you wish to withdraw after a determination has been made, you must:

• Submit the request on or before the date permitted for reply to the final determination
• File a petition under 37 CFR 1.182
• Include the appropriate petition filing fee