Deciding Office: The Office of Petitions
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.
- 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.
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).