What happens if an application is mistakenly abandoned due to USPTO error?
What happens if an application is mistakenly abandoned due to USPTO error?
If an application is mistakenly abandoned due to a USPTO error, the applicant can request reinstatement. According to 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In cases of clear USPTO error, the holding of abandonment will be withdrawn and the application will be reinstated without requiring a petition fee.
To learn more: