Is there a deadline for withdrawing a patent term extension application?

Yes, there is a deadline for withdrawing a patent term extension application. According to MPEP 2764:

“An application may not be expressly withdrawn after the date permitted for reply to the final determination on the application.”

This means you must withdraw your application before the USPTO makes a final determination. If you wish to withdraw after a determination has been made, you must:

  • Submit the request on or before the date permitted for reply to the final determination
  • File a petition under 37 CFR 1.182
  • Include the appropriate petition filing fee

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
Tags: patent term extension, USPTO procedure, withdrawal deadline