05 - Express abandonment after payment of the issue fee

Deciding Office:  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 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);
  • direct facsimile transmit to the Office of Petitions via 571-273-0025; or
  • direct hand carry 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).

______________________________

The Federal Register is the authoritative source and should be consulted if a need arises to verify the authenticity of the language for any CFR citation.  Because fee schedule changes may not be reflected in the most recent version of the MPEP, please consult the USPTO Fee Schedule to determine current fee amounts.