---
kind: "section"
citation: "37 C.F.R. § 1.770"
title: "37"
number: "1.770"
heading: "Express withdrawal of application for extension of patent term."
url: "https://uscodex.org/cfr/37/1.770"
---

# §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An application for extension of patent term may be expressly withdrawn before a determination is made pursuant to [§ 1.750](/cfr/37/1.750.md) by filing in the Office a written declaration of withdrawal signed by the owner of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 An application may not be expressly withdrawn after the date permitted for reply to the final determination on the application.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)](/cfr/37/1.20.md?p=j)) or any portion thereof.


## Notes

### Amendments

[62 FR 53201, Oct. 10, 1997, as amended at 88 FR 13033, Mar. 2, 2023]

### Authority

Authority: 35 U.S.C. 2(b)(2), 154, and 156.

### Source

Source: 52 FR 9394, Mar. 24, 1987, unless otherwise noted.

### Authority

Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

### Source

Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.

### Amendments

[62 FR 53201, Oct. 10, 1997, as amended at 88 FR 13033, Mar. 2, 2023]