Who can sign a notice of withdrawal for an international patent application?

The signing requirements for a notice of withdrawal in an international patent application are specific and outlined in PCT Rule 90bis.5 and MPEP 1859:

• All applicants must sign the notice of withdrawal.
• An appointed agent or common representative can sign on behalf of the applicants who appointed them.
• An applicant considered to be the common representative cannot sign on behalf of other applicants.

The MPEP states: “A notice of withdrawal must be signed by all the applicants. The provisions for waiver of a power of attorney set forth in PCT Rules 90.4(d) and 90.5(c) do not apply in the case of withdrawals under PCT Rule 90bis.“

It’s important to note that this requirement is strict and differs from other procedures where a common representative might act on behalf of all applicants.

To learn more:

• international patent application
• withdrawal notice
• signature requirements
• PCT
• WIPO