Withdrawal of the International Application
Competent Authorities
The applicant may withdraw their application by submitting a declaration to (R90bis.1.b PCT):
- the IB;
- the RO;
- if a request for examination has been filed (A39.1 PCT), to the IPEA.
This authority will forward the date of receipt of this withdrawal to the IB (R90bis.1.c PCT).
Time Limit
This declaration must be received by the competent authority within 30 months from the priority date (R90bis.1.a PCT).
Official Fee
Withdrawal does not incur any official fees (applicant’s guide §11.048).
Signature
The withdrawal declaration must be signed by all applicants (R90bis.5 PCT).
This signature may be replaced by the signature of:
- the representative (R90.3.a PCT);
- the common representative appointed by the other applicants (R90.3.c PCT).
However, the applicant deemed to be the common representative (or their representative) may not sign this declaration (R90.3.c PCT together with R90bis.5 PCT): in this case, all applicants must sign.
Before January 1, 2013, there was a special provision in R90bis.5.b PCT (now deleted) allowing the withdrawal to be signed without the inventor-applicants if they were unreachable.
Power of Attorney for the Representative
A power of attorney is always required in this case by the competent authority (R90.4.e PCT): no waiver by the authority is possible.
Effects
General
The filing of the international application no longer constitutes 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).
Impact on 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), i.e., 15 days before publication (applicant’s guide §09.013).
It is possible to withdraw the application conditionally (applicant’s guide §11.049).
If the withdrawal is made after the completion of the technical preparations, a notice of withdrawal is published in the gazette (R48.6.c PCT).
Refund of official fees
If the withdrawal occurs:
- before the original copy is transmitted to the IB, a refund is available:
- of the international filing fee by the RO (R15.4.ii PCT),
- of the search fee by the RO (R16.2.ii PCT);
- before the transmission of the search copy to the ISA, a refund is available:
- of the search fee (R16.2.ii PCT);
- after the transmission of the search copy to the ISA, but before the start of the search, a refund is available (applicant’s guide §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;
- this may vary for others.
Withdrawal of designation or election
Competent authority
The applicant may withdraw a designation by submitting a declaration to (R90bis.2.d PCT for a designation or R90bis.4.c PCT for an election):
- the IB;
- the RO;
- if a demand for examination has been filed (A39.1 PCT), the IPEA.
This authority will transmit to the IB the date of receipt of such withdrawal.
Time limit
This declaration must be received by the competent authority within 30 months from the priority date (R90bis.2.a PCT for a designation or R90bis.4.a PCT for an election).
Official fee
Withdrawal does not incur any fees (applicant’s guide §11.050).
Signature
The withdrawal declaration must be signed by all applicants (R90bis.5 PCT).
This signature may be replaced by the signature:
- of the representative (R90.3.a PCT);
- of the common representative designated by the other applicants (R90.3.c PCT).
However, the applicant deemed to be the common representative (or their representative) may not sign this declaration (R90.3.c PCT together with R90bis.5 PCT): in this case, all applicants must sign.
Before January 1, 2013, there was a special provision in R90bis.5.b PCT (now deleted) allowing the withdrawal to be signed without the inventor-applicants if they were unreachable.
Power of attorney of the representative
A power of attorney is always required in this case by the competent authority (R90.4.e PCT): no waiver by the authority is possible.
Effects
Withdrawal of a designation
Principle
The filing of the international application no longer constitutes 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).
Case of the designation of an elected State
The withdrawal of a designation of 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 of elected States entails the withdrawal of the request for preliminary examination (A37.2 PCT).
If an election for a State is withdrawn after the time limit of A22 PCT, the application is deemed withdrawn for that State (A37.4.a PCT, no State having provided otherwise, applicant’s guide §11.061): these provisions are only relevant for States having different time limits if they are designated or elected, i.e., those having made a reservation to A22.1 PCT: Luxembourg, Uganda, United Republic of Tanzania (since for these the time limit is not 30 months but 20 months).
Case of the designation of a State designated for the grant of a regional patent
Where a State has been designated for the purposes of obtaining both a national patent and a regional patent, the withdrawal of that State is deemed to signify the withdrawal of the designation solely for the purposes of obtaining the national patent (unless otherwise indicated, R90bis.2.b PCT).
Withdrawal of all designations
If all designations are withdrawn, the application is deemed withdrawn (R90bis.2.c PCT).
Impact on publication
The withdrawal of a designation prevents the mention of that designation on the international publication, provided that the withdrawal declaration is received by the IB before the completion of the technical preparations for publication (R90bis.2.e PCT).
If the withdrawal of the designation is effected after the completion of the technical preparations, a notice of withdrawal is published in the gazette (R48.6.c PCT).
Possible change of applicants
The withdrawal of a designation may result in an applicant no longer being an applicant for any of the remaining designated States.
In such case, the withdrawal of the designation must be accompanied by a replacement sheet for the request mentioning only the remaining applicants. However, this correction will be made ex officio by the RO or the IB if the applicant forgets to do so (applicant’s guide §11.055).
Withdrawal of an election
The withdrawal of all elections of 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 time limit of A22 PCT, the application is deemed withdrawn for that State (A37.4.a PCT, no State having provided otherwise, applicant’s guide §11.061): these provisions are only relevant for States having different time limits for designated States and elected States, i.e., those having made a reservation to A22.1 PCT: Luxembourg, Uganda, United Republic of Tanzania (since for these the time limit is not 30 months but 20 months).