What is a petition to withdraw holding of abandonment?
A petition to withdraw holding of abandonment is a formal request made to the USPTO when an applicant believes their patent application has been incorrectly declared abandoned. This petition is filed under 37 CFR 1.181 and does not require a fee.
According to the 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 petition should include evidence that the application is not actually abandoned, such as proof of timely filing of a response or showing that the USPTO made an error in calculating dates.
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