How can I prevent a holding of abandonment in my patent application?
How can I prevent a holding of abandonment in my patent application?
To prevent a holding of abandonment in your patent application, you should:
- File all required responses within the specified time periods.
- If needed, request extensions of time before the original deadline expires.
- Keep accurate records of all communications with the USPTO.
- Monitor the status of your application regularly.
MPEP 711.03(b) states:
‘An applicant can avoid abandonment by filing a proper reply to an Office action within the maximum extendable period set in the Office action.’
If you receive a Notice of Abandonment and believe it was issued in error, promptly file a petition to withdraw the holding of abandonment with evidence of timely filing or explanation of the error.
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