What is the difference between a petition to withdraw holding of abandonment and a petition to revive an abandoned application?
A petition to withdraw holding of abandonment is appropriate when the applicant believes the application is not actually abandoned (e.g., there is disagreement about the sufficiency of a reply or relevant dates). This petition does not require a fee. In contrast, a petition to revive an abandoned application is used when there is no dispute…
Read MoreHow can an applicant challenge a requirement under 37 CFR 1.105?
An applicant can challenge a requirement under 37 CFR 1.105 by submitting a petition under 37 CFR 1.181. The MPEP states: “Applicants who seek to have a requirement under 37 CFR 1.105 withdrawn or modified, or who seek to have information submitted under 37 CFR 1.105 considered, may submit a petition under 37 CFR 1.181…
Read MoreWho has the authority to consider petitions regarding 37 CFR 1.105 requirements?
Petitions regarding 37 CFR 1.105 requirements are considered by the Director of the Technology Center that issued the requirement. The MPEP specifies: “Applicants who seek to have a requirement under 37 CFR 1.105 withdrawn or modified, or who seek to have information submitted under 37 CFR 1.105 considered, may submit a petition under 37 CFR…
Read MoreCan a holding of abandonment be withdrawn if a timely reply was filed?
Can a holding of abandonment be withdrawn if a timely reply was filed? Yes, a holding of abandonment can be withdrawn if evidence shows that a timely reply was actually filed. The MPEP 711.03(b) states: “Where an applicant contends that the application is not in fact abandoned (e.g., there is disagreement as to the sufficiency…
Read MoreWhat happens if the USPTO receipt date is later than the Priority Mail Express® deposit date?
What happens if the USPTO receipt date is later than the Priority Mail Express® deposit date? If the USPTO receipt date is later than the Priority Mail Express® deposit date, the following applies: The USPTO will consider the Priority Mail Express® deposit date as the filing date. This is true even if the USPTO receives…
Read MoreHow does the USPTO handle petitions in applications abandoned for failure to timely reply?
How does the USPTO handle petitions in applications abandoned for failure to timely reply? The USPTO has specific procedures for handling petitions in applications abandoned for failure to timely reply. These procedures depend on whether the applicant received the Office action or notice requiring a reply. According to MPEP 711.03(c): ‘If an applicant receives an…
Read MoreWhat if my Priority Mail Express® correspondence is never received by the USPTO?
If correspondence sent via Priority Mail Express® is never received by the USPTO, you can petition the Director under 37 CFR 1.10(e) to accord a filing date as of the date of deposit with the USPS. The petition should: Be filed promptly after becoming aware that the USPTO has no evidence of receipt Include evidence…
Read MoreHow does the USPTO handle applications that were unintentionally abandoned due to USPTO error?
How does the USPTO handle applications that were unintentionally abandoned due to USPTO error? If an application is abandoned due to a USPTO error, the USPTO will take steps to rectify the situation. As stated in MPEP 711.02(b): “Where an applicant contends that the application is not in fact abandoned (e.g., there is disagreement as…
Read MoreHow does the USPTO handle situations where an Office communication was lost or not received?
The USPTO has specific procedures for handling situations where an applicant claims that an Office communication was lost or not received. According to MPEP 711.03(c): When the petitioner is a pro se applicant, the Office understands the petitioner may not have developed a formal docket record system for tracking correspondence. However, petitioner must provide some…
Read MoreWhat happens if a patent application is unintentionally abandoned due to USPTO error?
If a patent application is unintentionally abandoned due to an error by the USPTO, the applicant may be able to revive the application. 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),…
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