What is a petition to withdraw holding of abandonment?
What is a petition to withdraw holding of abandonment?
A petition to withdraw holding of abandonment is a formal request submitted to the USPTO when an applicant believes their patent application was incorrectly deemed abandoned. This petition is filed under 37 CFR 1.181 and does not require a fee.
According to MPEP 711.03(c):
‘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.’
This type of petition is typically filed when there’s a dispute about the timeliness or sufficiency of a reply to an Office action, or when there’s disagreement about the controlling dates related to the abandonment.
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