Is there a deadline for withdrawing a patent term extension application?
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“An application may not be expressly withdrawn after the date permitted for reply to the final determination on the application.”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
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2764 - Express Withdrawal Of Application For Extension Of Patent Term,
Patent Law,
Patent Procedure