What is the difference between ‘abandonment’ and ‘holding of abandonment’ in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. 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 However, a holding of abandonment can be withdrawn if the applicant can show that the reply was actually filed on time or that the holding was made in error. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Express Abandonment of Patent Application MPEP 711 Permitted Abandonment of Patent Application MPEP 711 Reply Required Within Time Period Otherwise Abandoned MPEP 711 New Time Period for Inadvertently Omitted Matter in Reply to Non-Final Office Action MPEP 711 Permitted Declaration Required for Abandonment of Patent Application MPEP 711 Permitted Attorney Can Abandon Prior Patent Application When Filing Continuing Application MPEP 711 Permitted Application Must Be Explicitly Abandoned MPEP 711 Failure to Reply Within Three Months Is Per Se a Failure MPEP 2734 Amendment After Reply Period Prohibited MPEP 711.03(b) Permitted Dispute Over Reply Period Dates MPEP 711.03(b) Permitted Other Related FAQs 5 FAQs Collapse What happens if an appli...