What are the time limits for withdrawing a demand or election in a PCT application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
According to MPEP 1880, which cites PCT Rule 90bis.4(a), the time limit for withdrawing a demand or election in a PCT application is as follows:
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.
This 30-month period provides applicants with flexibility to make strategic decisions about their international patent applications up until the point where they would typically enter the national phase in most countries.