Patent Prosecution: Petition to Revive and Petition to Withhold Abandonment | Practical Law

Patent Prosecution: Petition to Revive and Petition to Withhold Abandonment | Practical Law

A Standard Document providing a sample format for a petition to revive under 37 C.F.R. § 1.137 or petition to withdraw a holding of abandonment under 37 C.F.R. § 1.181 in response to a US Patent and Trademark Office (USPTO) notice of abandonment of a patent application. This document addresses unintentional abandonment, including delayed payment of issue and maintenance fees and failure to respond to an office action, missing parts, and notify the USPTO of a foreign filing. Patent counsel should supplement this Standard Document with arguments addressing the specific reasons the abandoned application should be revived or withdrawn from abandonment. This Standard Document has integrated notes with important explanations and drafting tips.

Patent Prosecution: Petition to Revive and Petition to Withhold Abandonment

Practical Law Standard Document w-040-0240 (Approx. 23 pages)

Patent Prosecution: Petition to Revive and Petition to Withhold Abandonment

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A Standard Document providing a sample format for a petition to revive under 37 C.F.R. § 1.137 or petition to withdraw a holding of abandonment under 37 C.F.R. § 1.181 in response to a US Patent and Trademark Office (USPTO) notice of abandonment of a patent application. This document addresses unintentional abandonment, including delayed payment of issue and maintenance fees and failure to respond to an office action, missing parts, and notify the USPTO of a foreign filing. Patent counsel should supplement this Standard Document with arguments addressing the specific reasons the abandoned application should be revived or withdrawn from abandonment. This Standard Document has integrated notes with important explanations and drafting tips.