What is the difference between ‘abandonment’ and ‘holding of abandonment’ in patent applications?
What is the difference between ‘abandonment’ and ‘holding of abandonment’ in patent applications?
In patent applications, there’s an important distinction between ‘abandonment’ and ‘holding of abandonment’:
- Abandonment refers to the actual loss of patent rights due to the applicant’s failure to take required actions within specified time periods.
- Holding of abandonment is an administrative action taken by the USPTO when it appears that the applicant has failed to meet the required deadlines.
According to MPEP 711.03(b):
‘If an applicant fails to reply within the period provided under 37 CFR 1.134 and 1.136, the application will become abandoned or the reexamination proceeding will be terminated if not otherwise provided for.’
However, a holding of abandonment can be withdrawn if the applicant can show that the reply was actually filed on time or that the holding was made in error.
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