Can I withdraw a Pre-Appeal Brief Review Request?

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.

The MPEP does not provide a specific provision for withdrawing a Pre-Appeal Brief Review Request. However, it does state that certain actions by the applicant will terminate the panel’s review:

The panel’s review will be terminated if the applicant files any of the following responses after filing a request, but prior to a decision by the appointed panel of examiners assigned to conduct the review.

These actions include:

• Filing an appeal brief
• Requesting continued examination
• Submitting an after-final amendment
• Filing an affidavit or other evidence
• Expressly abandoning the application

It’s important to note that: Appellant cannot request withdrawal of a properly-filed notice of appeal for the purpose of requesting a Pre-Appeal Brief Conference and must perfect the appeal by filing the appeal brief within two months of the date of the filing of the notice of appeal under 37 CFR 41.31.

Therefore, while you cannot directly withdraw the request, taking certain actions will effectively terminate the review process.