What is a ‘holding of abandonment’ in patent applications?

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.

A ‘holding of abandonment’ in patent applications occurs when the USPTO determines that an application has been abandoned due to the applicant’s failure to respond within the specified time period. As implied in MPEP 711.03(b), this can happen when:

• An amendment or reply is received after the expiration of the period for reply
• There is no dispute about the dates involved

In such cases, the MPEP states:

When an amendment reaches the U.S. Patent and Trademark Office after the expiration of the period for reply and there is no dispute as to the dates involved, no question of reconsideration of a holding of abandonment can be presented.

This means the application is considered abandoned, and typically, no further action can be taken unless the applicant can prove an error in the USPTO’s determination.