What is the process for withdrawing a demand or election in a PCT application?

The process for withdrawing a demand or election in a PCT application is outlined in MPEP 1880. According to PCT Article 37, “The applicant may withdraw any or all elections.” The withdrawal must be notified to the International Bureau, which will then notify the elected Office and the International Preliminary Examining Authority.

PCT Rule 90bis.4 further specifies: “The applicant may withdraw the demand or any or all elections at any time prior to the expiration of 30 months from the priority date.” The withdrawal becomes effective upon receipt of a notice addressed by the applicant to the International Bureau.

To learn more:

Tags: demand withdrawal, election withdrawal, international application, Patent Cooperation Treaty, PCT