37 CFR § 222.17 - Withdrawal of claims; dismissal.

---
identifier: "/us/cfr/t37/s222.17"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 222.17 - Withdrawal of claims; dismissal."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "222.17"
section_name: "Withdrawal of claims; dismissal."
chapter_name: "U.S. COPYRIGHT OFFICE, LIBRARY OF CONGRESS"
subchapter_number: "B"
subchapter_name: "COPYRIGHT CLAIMS BOARD AND PROCEDURES"
part_number: "222"
part_name: "PROCEEDINGS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "17 U.S.C. 702, 1510."
regulatory_source: "87 FR 12865, Mar. 8, 2022, unless otherwise noted."
cfr_part: "222"
---


# 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) 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.

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