PCT AG-IP 11.050 Can the applicant withdraw designations?

Rule 90bis.2

11.050.   Can the applicant withdraw designations?  The applicant may withdraw the designation of any State, and in respect of any kind of protection available, or only in respect of some of the kinds of protection available, 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 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.2(a)

11.051.   Withdrawal of the designation of a State which has been elected for the purposes of international preliminary examination automatically results in withdrawal of the corresponding election.

Rule 90bis.2(b)

11.052.   Where a State has been designated for the purposes of obtaining both a national patent and a regional patent (see paragraphs 4.022 to 4.026, and 5.052 to 5.053), withdrawal of the designation of that State is taken to mean withdrawal only of the designation for the purpose of obtaining a national patent, unless otherwise indicated.  In practice, the applicant should always make it clear which of the designations is intended to be withdrawn.

Rule 90bis.2(c)

11.053.   If all designations are withdrawn, the international application itself will be treated as withdrawn.

Rule 90bis.2(e)

11.054.   A designation will not be published if the notice of its withdrawal reaches the International Bureau before the technical preparations for international publication have been completed (see paragraph 9.014).

11.055.   Where the international application indicates different applicants for different designated States, the withdrawal of a designation may result in the applicant for the designation which is withdrawn being no longer an applicant for any designated State.  In such a case, replacement sheets for the request indicating only the remaining applicants, namely those for the States the designations of which have not been withdrawn, should be furnished together with the notice of withdrawal.  Should the applicant fail to submit a replacement sheet, the request is corrected by the receiving Office or by the International Bureau.  Whichever authority makes the correction notifies the other and the applicant accordingly.

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

Date retrieved: 24 November 2017

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