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.
The deadline for filing a petition to withdraw the holding of abandonment is generally 2 months from the mail date of the notice of abandonment. Key points:
- Petitions filed after 2 months may be dismissed as untimely under 37 CFR 1.181(f)
- The USPTO may require a terminal disclaimer for untimely petitions in some cases
- Intentional delay in filing the petition may result in dismissal
- The 2-month period is not extendable
The MPEP states:
37 CFR 1.181(f) provides that, inter alia, except as otherwise provided, any petition not filed within 2 months from the action complained of may be dismissed as untimely. Therefore, any petition (under 37 CFR 1.181) to withdraw the holding of abandonment not filed within 2 months of the mail date of a notice of abandonment (the action complained of) may be dismissed as untimely.
It’s advisable to file the petition as soon as possible after receiving a notice of abandonment to avoid timeliness issues.