---
kind: "section"
citation: "37 C.F.R. § 222.17"
title: "37"
number: "222.17"
heading: "Withdrawal of claims; dismissal."
url: "https://uscodex.org/cfr/37/222.17"
---

# §222.17. Withdrawal of claims; dismissal.

- (a) **General.** A party may request to withdraw its own claim or counterclaim by filing a written request with the Board seeking withdrawal, and therefore dismissal. Such written request shall consist of a brief statement seeking dismissal and shall follow the procedures set forth in [§ 220.5(a)(1)](/cfr/37/220.5.md?p=a-1) of this subchapter.
- (b) **Withdrawal before a response.** If the written request is received before a response to the claim or counterclaim is filed with the Board, the Board shall dismiss the claim or counterclaim without prejudice, unless all parties agree in a written stipulation filed with the Board that the claim or counterclaim shall be dismissed with prejudice.
- (c) **Withdrawal after a response.** If the written request is received after a response to the claim or counterclaim is filed with the Board, the Board shall issue a final determination dismissing the claim or counterclaim with prejudice, unless the Board determines in the interests of justice that such dismissal shall be without prejudice or all parties agree in a written stipulation filed with the Board that the claim or counterclaim shall be dismissed without prejudice.
- (d) **Effect of dismissal.** Dismissal of a claim or counterclaim under this section will not affect any remaining claims or counterclaims in the proceeding.

## Notes

### Amendments

[87 FR 30077, May 17, 2022; 87 FR 36060, June 15, 2022]

### Authority

Authority: 17 U.S.C. 702, 1510.

### Source

Source: 87 FR 12865, Mar. 8, 2022, unless otherwise noted.

### Amendments

[87 FR 30077, May 17, 2022; 87 FR 36060, June 15, 2022]