What is the difference between a petition to withdraw holding of abandonment and a petition for revival?

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.

Understanding the difference between a petition to withdraw holding of abandonment and a petition for revival is crucial for patent applicants dealing with potential abandonment issues.

According to 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. Where the application is in fact abandoned (e.g., there is no disagreement as to whether the application is abandoned), a petition under 37 CFR 1.137 (accompanied by the petition fee) is necessary to revive the abandoned application.’

Key differences include:

• Petition to withdraw holding of abandonment:
  • Filed when the applicant believes the application is not actually abandoned
  • No fee required
  • Filed under 37 CFR 1.181
• Petition for revival:
  • Filed when the application is actually abandoned
  • Requires a fee
  • Filed under 37 CFR 1.137
  • Requires a showing of unintentional delay

Choosing the correct type of petition is essential for properly addressing abandonment issues with the USPTO.