Can a holding of abandonment be withdrawn if a timely reply was filed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, a holding of abandonment can be withdrawn if evidence shows that a timely reply was actually filed.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 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.” If you believe a timely reply was filed, you should: Gather evidence of the timely filing File a petition under 37 CFR 1.181(a) Request withdrawal of the holding of abandonment Provide a clear explanation and supporting documentation The Office will review the petition and evidence to determine if the holding of abandonment should be withdrawn. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Express Abandonment Must Be Timely Received MPEP 711 Prohibited Reply Required Within Time Period Otherwise Abandoned MPEP 711 Reply Required to Save Application from Abandonment MPEP 711 Required Amendments Not Saving Application from Abandonment MPEP 711 New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Declaration Required for Abandonment of Patent Application MPEP 711 Permitted Written Declaration Must Be Signed by Authorized Party MPEP 711 Required Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Petition for Express Abandonment Before Publication MPEP 711 Required Express Abandonment of Patent Application MPEP 711 Permitted Other Related FAQs 5 FAQs Collapse What is the difference between &#8216;abandonment&#8217; and &#8216;holding of abandonment&#8...