What is the difference between reversing a holding of abandonment and reviving an abandoned application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

Reversing a holding of abandonment and reviving an abandoned application are two distinct processes in patent examination. According to MPEP 711.03(a):

This is not a revival of an abandoned application but merely a holding that the application was never abandoned.

When an examiner reverses a holding of abandonment, they are essentially stating that their initial determination of abandonment was incorrect, and the application was never actually abandoned. This is different from revival, which is a process used when an application has truly become abandoned and the applicant is seeking to reinstate it. Reversing a holding of abandonment corrects an error in the examination process, while revival addresses a lapse on the part of the applicant.

Tags: abandoned application, patent examination, Reversal Of Decision, Revival Of Application