Question 1

What is the difference between a holding of abandonment and a notice of abandonment?

russ.krajec@blueironip.com · Accepted Answer

A holding of abandonment and a notice of abandonment are distinct steps in the patent application process:

Holding of Abandonment: This is an internal decision made by the USPTO when an applicant fails to reply within the statutory period. As stated in MPEP 711.03(b), "When an applicant fails to reply within the period provided, the application is held to be abandoned."
Notice of Abandonment: This is an official communication sent to the applicant after the holding of abandonment. The MPEP notes, "The Office should promptly issue a notice of abandonment once the holding is made."

The holding precedes the notice, and the notice serves to inform the applicant of the Office's decision regarding the application's status.

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Question 2

What is the difference between a holding of abandonment and a notice of abandonment?

russ.krajec@blueironip.com · Accepted Answer

A holding of abandonment and a notice of abandonment are distinct steps in the patent application process:

Holding of Abandonment: This is an internal decision made by the USPTO when an applicant fails to reply within the statutory period. As stated in MPEP 711.03(b), "When an applicant fails to reply within the period provided, the application is held to be abandoned."
Notice of Abandonment: This is an official communication sent to the applicant after the holding of abandonment. The MPEP notes, "The Office should promptly issue a notice of abandonment once the holding is made."

The holding precedes the notice, and the notice serves to inform the applicant of the Office's decision regarding the application's status.

To learn more: