How can I petition to withdraw a holding of abandonment?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
To petition to withdraw a holding of abandonment, you should direct your petition to the Director of Office of Data Management if a notice of abandonment has been, or could have been properly mailed by the Office of Data Management. This is explicitly mentioned in MPEP 1002.02(r).
The petition should explain why the application is not actually abandoned and provide any necessary evidence to support your claim. It’s important to act promptly once you receive a notice of abandonment to ensure the best chance of success for your petition.