Can I submit a letter of abandonment after paying the issue fee?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

Submitting a letter of abandonment after paying the issue fee is generally not accepted without meeting specific criteria. According to MPEP 711.05:

An express abandonment arriving after the issue fee has been paid will not be accepted without a showing of one of the reasons indicated in 37 CFR 1.313(c), or else a showing under 37 CFR 1.183 justifying suspension of 37 CFR 1.313.

This means you must demonstrate either a reason specified in 37 CFR 1.313(c) or provide justification for suspending the rules under 37 CFR 1.183 to have your abandonment request considered after paying the issue fee.

Tags: express abandonment, issue fee, patent abandonment