06 - Withdrawal of abandonment based on failure to receive an office action

Deciding Office:  Office of Petitions

The criteria for a grantable petition requesting withdrawal of abandonment based on failure to receive an office action is set forth in MPEP § 711.03(c)(I)(A). The petition should be filed under 37 CFR 1.181.

In general, these are the steps to follow when 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. The showing must consist of the following:

(1) a statement from the practitioner stating that the office action 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 office action was not received; and

(3) a copy of the docket record where the non-received office action would have been entered and docketed had it been received must be attached to and referenced in the practitioner's statement.  If available, a master docket for the firm is required.

Fees: 

No fee is required for filing a petition requesting withdrawal of abandonment based on failure to receive an office action.

How to file: 

This petition may be filed using any of these delivermethods.

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(c), 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).