What is the deadline for filing a petition to withdraw the holding of abandonment?
The deadline for filing a petition to withdraw the holding of abandonment is generally 2 months from the mail date of the notice of abandonment. Key points: Petitions filed after 2 months may be dismissed as untimely under 37 CFR 1.181(f) The USPTO may require a terminal disclaimer for untimely petitions in some cases Intentional…
Read MoreCan a holding of abandonment be withdrawn if a timely reply was filed?
Can a holding of abandonment be withdrawn if a timely reply was filed? Yes, a holding of abandonment can be withdrawn if evidence shows that a timely reply was actually filed.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 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…
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