What is the process for withdrawing an international patent application?

The process for withdrawing an international patent application is outlined in MPEP 1859 and PCT Rule 90bis.1. Here are the key points:

• The applicant can withdraw the international application at any time before the expiration of 30 months from the priority date.
• Withdrawal is done by submitting a notice to the International Bureau, the receiving Office, or the International Preliminary Examining Authority (if Article 39(1) applies).
• The notice must be signed by all applicants.
• To prevent international publication, the notice must reach the International Bureau before the technical preparations for publication are completed.

As stated in the MPEP: “The applicant may prevent international publication by withdrawing the international application, provided that the notice of withdrawal reaches the International Bureau before the completion of technical preparations for that publication.“

To learn more:

• international patent application
• withdrawal
• PCT
• WIPO