PCT AG-IP 9.023 How can international publication be prevented?

Rule 4.10(b)

9.023.   How can copies of the priority document be obtained?  Third parties who wish to receive a copy of the priority document may apply to the Office with which the earlier application was filed, to certain designated Offices or to the International Bureau.  The International Bureau makes copies of priority documents, after international publication of the international application available on PATENTSCOPE , or on paper upon request and subject to reimbursement of the cost.  However, the International Bureau does not furnish such copies if, prior to the international publication, the international application was withdrawn, or the relevant priority claim was withdrawn or was considered not to have been made, or the relevant declaration of the priority claim was cancelled.

9.023A.   How can international publication be prevented?  The applicant may prevent international publication by withdrawing the international application, provided that the applicant submits a notice of withdrawal and that the notice of withdrawal reaches the International Bureau before the completion of technical preparations for that publication (see paragraph 9.014).  The notice of withdrawal may state that the withdrawal is to be effective only on the condition that international publication can still be prevented.  In such a case the withdrawal is not effective if this condition cannot be met – that is, if the technical preparations for international publication have already been completed.  The same effect may possibly be achieved if, for example through non-payment of the applicable fees, the international application is considered withdrawn and the receiving Office so declares (Form PCT/RO/117).  Issuance of this declaration by the receiving Office alone, however, will not prevent international publication unless the declaration is also received by the International Bureau before completion of technical preparations for international publication (Rule 29.1(v)).

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip09.html

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase