What is the time limit for filing a petition to withdraw the holding of abandonment?
Generally, a petition to withdraw the holding of abandonment should be filed within two months of the mail date of the notice of abandonment. However, there are exceptions:
- If filed later, the petition may be dismissed as untimely under 37 CFR 1.181(f)
- The USPTO may require a terminal disclaimer for untimely petitions in certain cases
- If the applicant never received the notice of abandonment, different time frames may apply
The MPEP states: 37 CFR 1.181(f) provides that, inter alia, except as otherwise provided, any petition not filed within 2 months from the action complained of may be dismissed as untimely. Therefore, any petition (under 37 CFR 1.181) to withdraw the holding of abandonment not filed within 2 months of the mail date of a notice of abandonment (the action complained of) may be dismissed as untimely.
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