uspto.gov
Skip over navigation

05 - Express Abandonment After Payment of the Issue Fee

Deciding Office: The Office of Petitions 

The criteria for a Petition requesting Express Abandonment After Payment of the Issue Fee is set forth in 37 CFR 1.138, MPEP § 711.01,I. 

In general, these are the steps to follow for filing a Petition requesting Express Abandonment After Payment of the Issue Fee:

The Office of Petitions will handle this type of petition when such a petition is filed in conjunction with a Petition to Withdraw from Issue After Payment of the Issue Fee.

  • A petition requesting that the application be expressly abandoned after payment of the Issue Fee, for any reason, must include: (1) a statement expressly abandoning the application, and (2) payment of the petition fee. 

Fees:

  • For the proper petition fee required for a Petition for Express Abandonment After Payment of the Issue Fee, please consult the Current USPTO Fee Schedule on the Fee Information Page for code 1464/2464/3464 (Large Entity/Small Entity/Micro Entity) under the Patent Petition Fees.

How to File:

  • EFS-Web (Web-based Electronic Filing System) accessible through the Electronic Business Center (EBC);
  • Directly facsimile transmitted to the Office of Petitions via 571-273-0025; or
  • Directly hand carried to the Office of Petitions (Bring petition to the Guards desk located on the west side of the Madison Building lobby (600 Dulany Street, Alexandria, VA); and
  • Immediately after an urgent petition for withdrawal from issue has been filed, the Office of Petitions should be alerted with a follow-up telephone call via 571-272-3282.

For the relevant patent laws and rules applicable to Express Abandonment After Payment of Issue Fee, please see:

  • 37 CFR 1.17, Patent application and reexamination processing fees;
  • 37 CFR 1.138, Express abandonment;
  • MPEP § 711.01, Express or Formal Abandonment; and
  • MPEP Section 711.05, Letter of Abandonment Received After Application Is Allowed.

Forms:

The following form is available: Petition Form PTO/AIA/24.


For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

United States Patent and Trademark Office
This page is owned by Office of Patent Legal Administration.
Last Modified: 10/23/2013 11:45:34 AM