What is a petition to withdraw holding of abandonment?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.