Withdrawals of application or designation

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Chapter 1. Withdrawal of the international application

Section 1.1. Competent administrations

The applicant may withdraw his application by sending a declaration toR90bis.1.b PCT):

  • at the IB;
  • at RO;
  • if a request for examination has been submitted (A39.1 PCT), at the IPEA.

This administration will transmit to the IB the date of receipt of this withdrawal (R90bis.1.c PCT).

Section 1.2. Time limit

This declaration must be received by the competent authority within 30 months of the priority (R90bis.1.a PCT).

Section 1.3. Tax

Withdrawal entails no costs (Guide for the applicant §11.048).

Section 1.4. Signature

The withdrawal declaration must be signed by all applicants (R90bis.5 PCT).

This signature may be replaced by the signature:

Nevertheless, the applicant considered representative (or his representative) can not sign this declaration (R90.3.c PCT together R90bis.5 PCT): in this case, all applicants must sign.

Prior to January 1, 2013, there was a special provision in R90bis.5.b PCT (now deleted) to not have the applicant-inventors sign for withdrawal if they were unreachable

Section 1.5. Power of attorney

Power is always required in this case by the competent authority (R90.4.e PCT): no renunciation of the administration is possible.

Section 1.6. Effects

1.6.1. Overview

The filing of the international application no longer applies to a regular national filing (A11.3 PCT) in all designated States: the withdrawal of the international application is equivalent to the withdrawal of a national application in those States (A24.1.i PCT).

1.6.2. Impact on the publication

The withdrawal of an application prevents international publication, provided that the withdrawal declaration reaches the IB before the completion of the technical preparations for publication (A21.5 PCT and R90bis.1.c PCT), ie 15 days before publication (Guide for the applicant §09.013).

It is possible to withdraw the request under condition (Guide for the applicant §11.049).

If the withdrawal is made after the end of the technical preparations, a notice of withdrawal is published in the Gazette (R48.6.c PCT).

1.6.3. Refund of taxes

If the withdrawal occurs:

  • before the original copy is sent to the IB, there is a refund:
  • before sending the copy of the research to the ISA, there is a refund:
  • after sending the copy of the research to the ISA, but before the start of the search, there is a refund (Guide for the applicant §5.198):
    • 100% of the search fee (R16.2.ii PCT) if the ISA is EP, US, AU, BR, CA, AT, CN, AG, ES, FI, IL, RU, SW, US, XN;
    • 0% of the search fee (R16.2.ii PCT) if the ISA is JP;
    • it may depend on others.

Chapter 2. Withdrawal of nomination or election

Section 2.1. Competent administration

The applicant may withdraw a designation by sending a declaration toR90bis.2.d PCT for a designation or R90bis.4.c PCT for an election):

  • at the IB;
  • at RO;
  • if a request for examination has been submitted (A39.1 PCT), at the IPEA.

This administration will transmit to the IB the date of receipt of this withdrawal.

Section 2.2. Time limit

This declaration must be received by the competent authority within the 30 months from the priority (R90bis.2.a PCT for a designation or R90bis.4.a PCT for an election).

Section 2.3. Tax

Withdrawal entails no costs (Guide for the applicant §11.050).

Section 2.4. Signature

The withdrawal declaration must be signed by all applicants (R90bis.5 PCT).

This signature may be replaced by the signature:

Nevertheless, the applicant considered representative (or his representative) can not sign this declaration (R90.3.c PCT together R90bis.5 PCT): in this case, all applicants must sign.

Prior to January 1, 2013, there was a special provision in R90bis.5.b PCT (now deleted) to not have the applicant-inventors sign for withdrawal if they were unreachable

Section 2.5. Power of attorney

Power is always required in this case by the competent authority (R90.4.e PCT): no renunciation of the administration is possible.

Section 2.6. Effects

2.6.1. Withdrawal of a designation

1) Principle

The filing of the international application no longer applies to a regular national filing (A11.3 PCT) in the designated State: the withdrawal of the designation in that State is equivalent to the withdrawal of a national application in that State (A24.1.i PCT).

2) Case of the designation of an elected State

The withdrawal of a designation from an elected state automatically entails the withdrawal of the corresponding election (R90bis.2.a PCT) and thus the withdrawal of the request for international examination for that State (see International preliminary examination).

The withdrawal of all designations from the elected states entails the withdrawal of the request for preliminary examination (A37.2 PCT).

If an election for a state is withdrawn after the deadline for theA22 PCTthe application is considered withdrawn for that State (A37.4.a PCT, no state having disposed otherwise, Guide for the applicant §11.061): these provisions are only useful for States having a different time limit if they are designated or elected, that is to say, those having put a reservation to theA22.1 PCT : Luxembourg, Uganda, United Republic of Tanzania (because for them the period is not 30 months, but 20 months).

(3) Case of the designation of a State designated for a regional patent

Where a State has been designated for the purpose of obtaining both a national patent and a regional patent, the withdrawal of that State shall be deemed to mean the withdrawal of the sole designation for the purpose of obtaining the national patent (unless otherwise indicated, R90bis.2.b PCT).

2.6.2. Withdrawal of all designations

If all designations are withdrawn, the application is considered withdrawn (R90bis.2.c PCT).

2.6.3. Impact on the publication

The withdrawal of a designation prevents this designation from being mentioned on the international publication, provided that the withdrawal declaration reaches the IB before the completion of the technical preparations for publication (R90bis.2.e PCT).

If the withdrawal of the designation is made after the end of the technical preparations, a notice of withdrawal shall be published in the Gazette (R48.6.c PCT).

2.6.4. Possible change of depositors

Withdrawal of a designation may result in an applicant no longer filing for any of the remaining States.

In this case, the withdrawal of designation must be accompanied by a replacement sheet of the application mentioning only the remaining applicants. However this correction will be carried out automatically by the RO or the IB if the depositor forgets it (Guide for the applicant §11.055).

2.6.5. Withdrawal of an election

The withdrawal of all elections from the elected states entails the withdrawal of the request for preliminary examination (A37.2 PCT): the IPEA then terminates the processing of the international application (R90bis.6.c PCT).

If an election is withdrawn after the deadline ofA22 PCT, the application is considered to be withdrawn for that State (A37.4.a PCT, no state having disposed otherwise, Guide for the applicant §11.061): these provisions are only useful for the states a time limit for the designated states and a time limit for the different elected states, that is to say those having put a reserve inA22.1 PCT : Luxembourg, Uganda, United Republic of Tanzania (because for them the period is not 30 months, but 20 months).

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