PCT AG-IP 11.060 Can the applicant withdraw the demand for international preliminary examination or the election of any State?

Article 37
Rule 90bis.4
90bis.5

11.060.   Can the applicant withdraw the demand for international preliminary examination or the election of any State?  The applicant may withdraw the demand or the election of any State at any time prior to the expiration of 30 months from the priority date by a notice addressed to the International Bureau.  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.

Article 37(4)

11.061.   In respect of designated Offices which do not apply the 30-month time limit, the applicant should exercise care in withdrawing the demand or elections after the expiration of the time limit under Article 22 for entry into the national phase, since such withdrawal is treated in each of the elected States concerned as a withdrawal of the international application for that State unless the national phase has already started in that State.  If withdrawal of the demand or elections is effected before the expiration of that time limit, however, the international application will not be considered withdrawn, but the applicant will, of course, have to take the usual steps before the expiration of that time limit to enter the national phase (see paragraph 5.005 and National Phase, paragraph 3.001).  For further details, see Article 37(4).

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

Date retrieved: 02 November 2015

7 references found.

Click X to load a reference inside the current page, click on the title to open in a new page.

PCT Articles

PCT Implementing Rules

PCT Applicant's Guide - International Phase