37 CFR § 1.770 — Express withdrawal of application for extension (MPEP Index) – BlueIron IP

37 CFR § 1.770 Express withdrawal of application for extension

Source: Patent Rule (37 CFR)BlueIron Update:

This page consolidates MPEP guidance interpreting 37 CFR § 1.770, including 5 rules 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.

Summary

This section outlines the process for withdrawing an application for extending patent term before a final decision, highlighting the importance of timely filing and adherence to fee requirements.

What this section covers

  • Defines the process of withdrawing an application for extension of patent term before a determination is made by filing a written declaration signed by the owner.

Key obligations

  • File a written declaration of withdrawal signed by the owner before a determination is made.
  • Ensure timely filing to avoid being unable to withdraw after the reply date for final determination.
  • Adhere to fee requirements, as a withdrawal does not entitle refund of the filing fee.

Practice notes

  • Ensure the declaration is properly signed and includes all necessary information.
  • Avoid delays in filing to ensure the withdrawal is effective before a determination is made.

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22