What happens if I expressly abandon my application after paying the issue fee?

If you wish to expressly abandon your application after paying the issue fee, additional steps are required. According to MPEP 711.01, Section I:

If a letter of express abandonment is being submitted in an allowed application after the payment of the issue fee, the express abandonment must be accompanied by a petition to withdraw from issue under 37 CFR 1.313(c) and the fee set forth in 37 CFR 1.17(h).

Important points to note:

  • The petition and abandonment letter must be received by the appropriate officials before the application issues as a patent
  • The petition should be addressed to the Office of Petitions
  • It’s recommended to submit the petition electronically via EFS-Web or by fax to ensure timely processing

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Tags: express abandonment, issue fee