T.M.E.P. § 1713
Petition to Reverse Holding of Abandonment for Failure to Respond Completely

Executive summary:

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1713 Petition to Reverse Holding of Abandonment for Failure to Respond Completely

Under 37 C.F.R. 2.65(a), an application may become abandoned when an applicant's response, although received within the six-month response period, is incomplete. See TMEP §§718.03 et seq. regarding incomplete responses.

When an examining attorney holds an application abandoned because the applicant's response is incomplete, the applicant may petition to the Director to reverse the holding under 37 C.F.R. 2.146. However, the Director will reverse the examining attorney's holding of abandonment only if there is clear error or abuse of discretion. In re GTE Education Services, 34 USPQ2d 1478 (Comm'r Pats. 1994); In re Legendary, Inc., 26 USPQ2d 1478 (Comm'r Pats. 1992). Note: The "unintentional delay" standard for reviving abandoned applications pursuant to 37 C.F.R. 2.66(a) does not apply to applications held abandoned under 37 C.F.R. 2.65(a). See TMEP §1714.01(f)(ii).