How can I withdraw my application for patent term extension?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

To withdraw an application for patent term extension, you must follow the procedure outlined in 37 CFR 1.770. Specifically:

  • File a written declaration of withdrawal in duplicate with the USPTO.
  • Ensure the declaration is signed by the patent owner of record or their agent.
  • Submit the withdrawal before a determination is made under 37 CFR 1.750.

The MPEP states: “An application for extension of patent term may be expressly withdrawn before a determination is made pursuant to § 1.750 by filing in the Office, in duplicate, a written declaration of withdrawal signed by the owner of record of the patent or its agent.”

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2764 - Express Withdrawal Of Application For Extension Of Patent Term Patent Law Patent Procedure
Tags: patent procedure, patent term extension, USPTO