What is partial withdrawal in patent appeals?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

Partial withdrawal in patent appeals refers to the process where an appellant removes specific claims from consideration during an appeal. According to MPEP 1215.03, “If an appellant wishes to remove claims from consideration on appeal, the appellant must submit an amendment to cancel the claims from the application.” This process allows applicants to focus the appeal on certain claims while withdrawing others.

Tags: Claim Cancellation, mpep 1215.03, partial withdrawal, patent appeal