How can I abandon my patent application to avoid publication?

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 abandon a patent application to avoid publication, you must:

• File a petition under 37 CFR 1.138(c)
• Submit a declaration of express abandonment
• Pay the fee set forth in 37 CFR 1.17(h)

The MPEP states:

“Applicants seeking to abandon an application to avoid publication of the application are urged to do so by filing a petition under 37 CFR 1.138(c) and submitting a declaration of express abandonment and the fee set forth in 37 CFR 1.17(h) in sufficient time to permit the appropriate officials (Office of Data Management – Patent Publication Branch) to recognize the abandonment and remove the application from the publication process.”

It’s crucial to file this petition well in advance of the projected publication date to ensure it’s processed in time.