What is the deadline for filing a petition to withdraw the holding of abandonment?
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.
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