What is the difference between a petition to withdraw holding of abandonment and a petition to revive?
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.
To learn more:
To learn more: