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

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

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.

To learn more:

Tags: abandonment, patent application, petition, revival, USPTO