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07 - Withdrawal of Abandonment Based on Evidence that a Reply was Timely Mailed or Filed

Deciding Office: The Office of Petitions

The criteria for a Petition requesting Withdrawal of Abandonment Based on Evidence that a Reply was timely Mailed or Filed is set forth in 37 CFR 1.181, MPEP § 711.03(c),I,B

In general, these are the steps to follow for filing a Petition requesting Withdrawal of Abandonment Based on Evidence that a Reply was timely Mailed or Filed:

  • A petition to withdraw the holding of abandonment based on evidence that a reply was timely mailed or filed, must be accompanied by a showing to establish that applicant did, in fact, timely file an response to the outstanding Office Action, which must consist of the following: (1) a statement from applicant or practitioner attesting to the fact that a reply to the outstanding Office Action was, in fact, filed or mailed by applicant; (2) an exact copy of the reply that was filed including each item that was filed with the reply, a statement from the applicant or practitioner attesting to the fact that such exact copy is a complete copy of the filed or mailed reply; and (3) a copy of any evidence, documentary or otherwise, that supports the conclusion that a reply was filed or mailed.  This documentary evidence may include, but are not limited to, copies of any mailing logs that are typically maintained by the person whom filed or mailed the reply showing where the subject reply was entered at the time it was being filed or mailed, a copy of any mailing label used to file or mailed the subject reply, a properly itemized return receipt post card date receipt date stamped by the United States Patent and Trademark Office that sufficiently identifies the items that were being filed, or a copy of the Acknowledgement Receipt in the event the reply was filed via EFS-Web.  Further information concerning the use and content of return receipt postcards or EFS-Web Acknowledgement Receipt may be obtained by consulting MPEP §§ 503, and 502.05.  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 for Withdrawal of Abandonment Based on Evidence that a Reply was timely Mailed or Filed, please see:

  • 37 CFR 1.181, Petition to the Director;
  • MPEP § 502.05, Correspondence Transmitted by EFS-Web;
  • MPEP § 503, Application Number and Filing Date receipt; 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).

United States Patent and Trademark Office
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Last Modified: 10/23/2013 11:16:44 AM