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

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

There are two distinct types of petitions related to abandoned applications:

1. Petition to Withdraw Holding of Abandonment: This is filed when an applicant believes the application is not actually abandoned. According to MPEP 711.02(b): “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.”
2. Petition to Revive: This is filed when the applicant acknowledges the abandonment but seeks to revive the application. As stated in the same MPEP section: “Where the applicant recognizes that the application is abandoned, but contends that there is sufficient cause for revival, a petition under 37 CFR 1.137 (accompanied by the petition fee) is necessary to revive the abandoned application.”

The key difference is that a petition to withdraw holding of abandonment argues that abandonment never occurred, while a petition to revive acknowledges abandonment but seeks to restore the application.

To learn more:

• petition to withdraw holding of abandonment
• petition to revive
• abandoned applications