Can a patent application be returned or withdrawn after filing?

Once a patent application is filed and given a filing date, it generally cannot be returned or withdrawn. According to MPEP 503:

“Applications which are entitled to a filing date, whether filed by regular mail, by Priority Mail Express® under 37 CFR 1.10, by hand-delivery, by the USPTO patent electronic filing system, or otherwise, will not be returned to applicant even if requested.”

This policy is in place to maintain the integrity of the filing process and prevent potential abuse. Applicants should be careful not to file applications that are not intended to be filed, such as duplicates of already filed applications.

Furthermore, the MPEP cites 37 CFR 1.26(a), which states that a change of purpose after payment of a fee, such as when a party desires to withdraw a patent application for which a fee was paid, does not entitle the party to a refund of such fee.

If an applicant realizes they have filed an application in error or no longer wish to pursue it, they may choose to abandon the application. However, the application will remain on file with the USPTO and any fees paid will not be refunded.

For more information on application abandonment, visit: application abandonment.

For more information on application return, visit: application return.