When does a withdrawal of a patent term extension application become effective?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

A withdrawal of a patent term extension application becomes effective when it is acknowledged in writing by the USPTO. According to MPEP 2764:

“An express withdrawal pursuant to this section is effective when acknowledged in writing by the Office.”

This means that simply submitting a withdrawal request is not sufficient. The withdrawal only takes effect after the USPTO has reviewed your request and provided written confirmation of its acceptance.

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 Effectiveness