What are the requirements for signing a withdrawal of demand or election in a PCT application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. MPEP 1880 outlines specific requirements for signing a withdrawal of demand or election in a PCT application: Any withdrawal of the demand or any election must be sent to the International Bureau or to the International Preliminary Examining Authority, provided that the withdrawal is signed by all applicants in accordance with PCT Rule 90bis.5. Furthermore, the MPEP states: Pursuant to PCT Rules 90.4(e) and 90.5(d), the requirement for a separate power of attorney or a copy of the general power of attorney shall not be waived in cases of withdrawal. This means that all applicants must sign the withdrawal, and if an agent is acting on behalf of the applicants, a power of attorney is required and cannot be waived for withdrawal actions. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Separate Power of Attorney in Withdrawal Cases MPEP 1880 Prohibited Withdrawal Must Be Signed by All Applicants MPEP 1880 Required Notice of Withdrawal Required Upon Receipt by International Bureau MPEP 1880 Required International Preliminary Authority Must Mark and Forward Withdrawal Notice MPEP 1880 Required Withdrawal of Demand or Elections Required MPEP 1859 Competent International Preliminary Examining Authority Processes Demand Based on USPTO Receipt Date MPEP 1865 Date Marked on Notice Is Considered for International Bureau MPEP 1880 Required Demand Considered Withdrawn If All States Withdraw Election MPEP 1880 Required IPEA Cancels Unbound State Elections Ex Officio MPEP 1880 Required International Preliminary Exam Not Required for Computer Programs MPEP 1843.02 Other Related FAQs 4 FAQs Collapse What is the effect of withdrawing a demand or election on the int...