MPEP § 2764 — MPEP § 2764
Current through: 2022-07-01

2764-Express Withdrawal of Application for Extension of Patent Term 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2700 

 Section 2764 
 

 
 
 
 
 
 2764 Express Withdrawal of Application for Extension of Patent
 Term [R-01.2024]
 

 
 37 CFR 1.770 Express withdrawal of application for extension of patent term. 

 An application for extension of patent term may be expressly withdrawn
 before a determination is made pursuant to § 1.750 by filing in the Office a
 written declaration of withdrawal signed by the owner of record of the patent or its
 agent. An application may not be expressly withdrawn after the date permitted for reply
 to the final determination on the application. An express withdrawal pursuant to this
 section is effective when acknowledged in writing by the Office. The filing of an
 express withdrawal pursuant to this section and its acceptance by the Office does not
 entitle applicant to a refund of the filing fee ( § 1.20(j) ) or any portion
 thereof.
 

 

 Except for a request for withdrawal filed in response to a requirement for
 election, a request for withdrawal of an application for extension of patent term after a
 determination has been made pursuant to 37 CFR 1.750 must be submitted on or
 before the date permitted for reply to the final determination, and be accompanied by a
 petition under 37 CFR
 1.182 with the appropriate petition filing fee.
 

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 2701-Patent Term 

 2702-2709-[Reserved] 

 2710-Term Extensions or Adjustments for Delays Within the USPTO Under 35 U.S.C. 154 

 2711-2719-[Reserved] 

 2720-Applications Filed Between June 8, 1995, and May 28, 2000 

 2721-2729-[Reserved] 

 2730-Applications Filed on or After May 29, 2000; Grounds for Adjustment 

 2731-Period of Adjustment 

 2732-Reduction of Period of Adjustment of Patent Term 

 2733-Patent Term Adjustment Determination 

 2734-Application for Patent Term Adjustment; Due Care Showing 

 2735-[Reserved] 

 2736-Third-Party Papers 

 2737-2749-[Reserved] 

 2750-Patent Term Extension for Delays at other Agencies under 35 U.S.C. 156 

 2751-Eligibility Requirements 

 2752-Patent Term Extension Applicant 

 2753-Application Contents 

 2754-Filing Date 
 2754.01-Deadline for Filing an Application Under 35 U.S.C. 156(d)(1) 

 2754.02-Filing Window for an Application Under 35 U.S.C. 156(d)(5) 

 2754.03-[Removed and Reserved] 

 
 

 2755-Eligibility Determination 
 2755.01-Interim Extension of Patent Term During the Processing of the Application 

 2755.02-Interim Extension of Patent Term Before Product Approval 

 
 

 2756-Correspondence Between the USPTO and the Regulatory Agency 

 2757-Regulatory Agency Determination of the Length of the Regulatory Review Period 
 2757.01-Due Diligence Determination 

 
 

 2758-Notice of Final Determination - Calculation of Patent Term Extension 

 2759-Certificate of Extension of Patent Term 

 2760-Trade Secret, Confidential, and Protective Order Material 

 2761-Multiple Applications for Extension of Term of the Same Patent or of Different Patents for the Same Regulatory Review Period
 for a Product 

 2762-Duty of Disclosure in Patent Term Extension Proceedings 
 2762.01-Duty of Disclosure When a Terminal Disclaimer is Filed During Patent Term Extension Proceedings 

 
 

 2763-Limitation of Third-Party Participation 

 2764-Express Withdrawal of Application for Extension of Patent Term 

 2765-Petition for Stay in Processing of Patent Term Extension Application 

 2766-Processing of Patent Term Extension Applications When Reissue Has Been Filed 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:41