What is the difference between a petition to withdraw holding of abandonment and a petition for revival?
What is the difference between a petition to withdraw holding of abandonment and a petition for revival?
Understanding the difference between a petition to withdraw holding of abandonment and a petition for revival is crucial for patent applicants dealing with potential abandonment issues.
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 the application is in fact abandoned (e.g., there is no disagreement as to whether the application is abandoned), a petition under 37 CFR 1.137 (accompanied by the petition fee) is necessary to revive the abandoned application.’
Key differences include:
- Petition to withdraw holding of abandonment:
- Filed when the applicant believes the application is not actually abandoned
- No fee required
- Filed under 37 CFR 1.181
- Petition for revival:
- Filed when the application is actually abandoned
- Requires a fee
- Filed under 37 CFR 1.137
- Requires a showing of unintentional delay
Choosing the correct type of petition is essential for properly addressing abandonment issues with the USPTO.
To learn more: