What is the difference between a petition to revive and a petition to withdraw the 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.

There are two distinct types of petitions that can be filed when an application is abandoned:

• Petition to withdraw the holding of abandonment: This is filed when the applicant believes the Office’s holding of abandonment is in error.
• Petition to revive: This is filed when the applicant acknowledges that the application was abandoned, but seeks to revive it.

As stated in 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, and such petition does not require a fee.”

On the other hand, a petition to revive under 37 CFR 1.137 is appropriate when the abandonment is acknowledged, and requires a fee and a showing of unintentional delay.