What is the difference between a petition to revive and a petition to withdraw the holding of abandonment?
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.
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