---
kind: "section"
citation: "7 C.F.R. § 97.23"
title: "7"
number: "97.23"
heading: "Voluntary withdrawal and abandonment of an application."
url: "https://uscodex.org/cfr/7/97.23"
---

# §97.23. Voluntary withdrawal and abandonment of an application.

- (a) An application may be voluntarily withdrawn or abandoned by submitting to the Office a written request for withdrawal or abandonment, signed by the applicant or his or her attorney or agent of record, if any, or the assignee of record, if any.
- (b) An application which has been voluntarily abandoned may be revived within 3 months of such abandonment by the payment of the prescribed fee and a showing that the abandonment occurred without fraudulent intent.
- (c) An original application which has been voluntarily withdrawn shall be returned to the applicant and may be reconsidered only by refiling and payment of new filing and examination fees.

## Notes

### Amendments

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995; 85 FR 431, Jan. 6, 2020]

### Authority

Authority: Plant Variety Protection Act, as amended, 7 U.S.C. 2321 et seq.

### Source

Source: 58 FR 42435, Aug. 9, 1993, unless otherwise noted.

### Amendments

[58 FR 42435, Aug. 9, 1993, as amended at 60 FR 17189, Apr. 4, 1995; 85 FR 431, Jan. 6, 2020]