Can a holding of abandonment be withdrawn if a timely reply was filed?
Can a holding of abandonment be withdrawn if a timely reply was filed?
Yes, a holding of abandonment can be withdrawn if evidence shows that a timely reply was actually filed.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 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The Office will review the petition and evidence to determine if the holding of abandonment should be withdrawn.
To learn more: