What are the consequences of withdrawing a patent appeal?

Withdrawing a patent appeal can have several consequences:

• The application returns to examination, often with a final rejection in place.
• The applicant may need to file a request for continued examination (RCE) to continue prosecution.
• Appeal fees may not be refunded, depending on the timing of the withdrawal.
• The applicant loses the opportunity to have the Board review the examiner’s rejections.

It’s important to consult the MPEP 1215 and discuss with a patent attorney before deciding to withdraw an appeal.

To learn more:

• patent appeal
• appeal withdrawal
• RCE
• final rejection
• patent prosecution