How can I withdraw my application for patent term extension?
To withdraw an application for patent term extension, you must follow the procedure outlined in 37 CFR 1.770. Specifically:
- File a written declaration of withdrawal in duplicate with the USPTO.
- Ensure the declaration is signed by the patent owner of record or their agent.
- Submit the withdrawal before a determination is made under 37 CFR 1.750.
The MPEP states: “An application for extension of patent term may be expressly withdrawn before a determination is made pursuant to § 1.750 by filing in the Office, in duplicate, a written declaration of withdrawal signed by the owner of record of the patent or its agent.”
To learn more:
Topics:
Adjustments,
And Extensions,
MPEP 2700 - Patent Terms,
MPEP 2764 - Express Withdrawal Of Application For Extension Of Patent Term,
Patent Law,
Patent Procedure