How 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 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, and such petition does not require a fee.”
In cases where the USPTO acknowledges its error, they will typically withdraw the holding of abandonment and reinstate the application without requiring a petition fee. It’s important for applicants to promptly communicate with the USPTO if they believe an application has been erroneously abandoned.
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