What is the difference between a petition to withdraw holding of abandonment and a petition to revive?

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.

The main difference between a petition to withdraw holding of abandonment and a petition to revive lies in their purpose and the circumstances under which they are filed:

• Petition to Withdraw Holding of Abandonment: Filed when the applicant believes the application is not actually abandoned. It’s appropriate when there’s a disagreement about the sufficiency of a reply or controlling dates.
• Petition to Revive: Filed when the applicant acknowledges the application became abandoned but seeks to revive it.

According to MPEP 711.03(c):

Where an applicant contends that the application is not in fact abandoned (e.g., there is disagreement as to the sufficiency of the reply, or as to controlling dates), a petition under 37 CFR 1.181(a) requesting withdrawal of the holding of abandonment is the appropriate course of action, and such petition does not require a fee. Where there is no dispute as to whether an application is abandoned (e.g., the applicant’s contentions merely involve the cause of abandonment), a petition under 37 CFR 1.137 (accompanied by the appropriate petition fee) is necessary to revive the abandoned application.

Key differences include:

• Fee requirement: Withdrawal petitions don’t require a fee; revival petitions do.
• Timing: Withdrawal petitions can be filed anytime; revival petitions have time limits.
• Cause: Withdrawal petitions argue no abandonment occurred; revival petitions acknowledge abandonment but seek to overcome it.