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.

There are two distinct types of petitions related to abandoned applications:

1. Petition to Withdraw Holding of Abandonment: This is filed when an applicant believes the application is not actually abandoned. According to MPEP 711.02(b): “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.”
2. Petition to Revive: This is filed when the applicant acknowledges the abandonment but seeks to revive the application. As stated in the same MPEP section: “Where the applicant recognizes that the application is abandoned, but contends that there is sufficient cause for revival, a petition under 37 CFR 1.137 (accompanied by the petition fee) is necessary to revive the abandoned application.”

The key difference is that a petition to withdraw holding of abandonment argues that abandonment never occurred, while a petition to revive acknowledges abandonment but seeks to restore the application.