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06 - Withdrawal of Abandonment Based on Failure to Receive an Office Action

Deciding Office: The Office of Petitions

The criteria for a Petition requesting Withdrawal of Abandonment Based on Failure to Receive an Office Action is set forth in 37 CFR 1.181, MPEP § 711.03(c),I,A

In general, these are the steps to follow for filing a Petition requesting Withdrawal of Abandonment Based on Failure to Receive an Office Action:

  • A petition to withdraw the holding of abandonment based on failure to receive an Office Action, must be accompanied by a showing to establish petitioner’s failure to receive the Office Action, which must consist of the following: (1) a statement from practitioner stating that the Notice was not received by the practitioner; (2) a statement from the practitioner attesting to the fact that a search of the file jacket and docket records indicates that the Notice was not received; (3) a copy of the docket record where the nonreceived Notice would have been entered and docketed had it been received must be attached to and referenced in the practitioner’s statement. No petition fee is required.

Fees:

  • No fee is required for filing a Petition Withdrawal of Abandonment Based on Failure to Receive an Office Action.

How to File:

For the relevant patent laws and rules applicable to Withdrawal of the Holding of Abandonment Based on Failure to Receive an Office Action, please see:

  • 37 CFR 1.181, Petition to the Director; and
  • MPEP § 711.03, Petitions related to abandonment.

Forms:

No form available. Submit a signed request that includes information listed in Requirements of a Petition.


For further assistance, please contact the Petitions Help Desk between 8:30 AM - 5 PM (EDT).

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Last Modified: 10/23/2013 11:16:11 AM