Can a holding of abandonment be withdrawn if a timely reply was filed?
Can a holding of abandonment be withdrawn if a timely reply was filed? Yes, a holding of abandonment can be withdrawn if evidence shows that a timely reply was actually filed.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 MoreHow does the USPTO determine if a reply was timely filed to avoid abandonment?
The USPTO determines if a reply was timely filed by considering several factors, including the date of receipt and the type of correspondence. According to MPEP 711.03(c): The Office letter may have contained an incorrect date for the period for reply. If the postmark on the envelope is earlier than the expiration date of the…
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