How can I file an express abandonment to avoid publication of my patent application?

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 avoid publication of your patent application through express abandonment, you can file a petition under 37 CFR 1.138(c). The MPEP states: A petition under 37 CFR 1.138(c) will not stop publication of the application unless it is recognized and acted on by the Pre-Grant Publication Division in sufficient time to avoid publication. To increase the chances of success, it’s recommended to:

• File electronically using EFS-Web
• Submit the petition at least four weeks prior to the projected publication date
• Include the petition fee set forth in 37 CFR 1.17(h)