How can I prevent the international publication of my patent application?

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.

Preventing the international publication of a patent application is possible through timely withdrawal, as described in MPEP 1859 and PCT Rule 90bis. Here are the key points:

• Withdraw the entire international application before the completion of technical preparations for publication.
• Submit a notice of withdrawal to the International Bureau, receiving Office, or International Preliminary Examining Authority (if applicable).
• Ensure the notice reaches the International Bureau before technical preparations are complete.

The MPEP states: “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.“

Additionally: “The notice of withdrawal may state that the withdrawal is to be effective only on the condition that international publication can still be prevented. In such a case the withdrawal is not effective if the condition on which it was made cannot be met – i.e., if the technical preparations for international publication have already been completed.“