Deciding Office: 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 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.
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).