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 on the Fees and payment 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);
  • 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).