PCT AG-IP 11.056 Can the applicant withdraw priority claims made in the international application?

Rule 90bis.3
90bis.5

11.056.   Can the applicant withdraw priority claims made in the international application?  The applicant may withdraw a priority claim made in the international application by a notice addressed to the International Bureau or to the receiving Office or, where Article 39(1) applies, to the International Preliminary Examining Authority, and received before the expiration of 30 months (see paragraph 5.005) from the priority date.  Any or all of the priority claims may be so withdrawn.  Any such withdrawal is free of charge.  A notice of withdrawal must be signed by all the applicants.  An appointed agent or appointed common representative may sign such a notice on behalf of the applicant or applicants who appointed him, but an applicant who is the “deemed common representative” (see paragraph 11.006) may not sign such a notice on behalf of the other applicants.

Rule 90bis.3(d)
and (e)

11.057.   Where the withdrawal of a priority claim causes a change in the priority date of the international application, any time limit which is computed from the original priority date and which has not yet expired – for example, the time limit before which processing in the national phase cannot start – is computed from the priority date resulting from the change.  (It is not possible to extend the time limit concerned if it has already expired when the priority claim is withdrawn.)  However, if the notice of withdrawal reaches the International Bureau after the completion of the technical preparations for international publication, the International Bureau may proceed with the international publication on the basis of the time limit for international publication as computed from the original priority date.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip11.html

Date retrieved: 02 November 2015

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