What is the time limit for filing a petition to withdraw the holding of abandonment?

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.

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.