How does withdrawing a priority claim affect an international patent application?
Withdrawing a priority claim can have significant effects on an international patent application, as outlined in PCT Rule 90bis.3 and MPEP 1859:
- Priority claims can be withdrawn up to 30 months from the priority date.
- Withdrawal of a priority claim may change the priority date of the application.
- Time limits computed from the original priority date that haven’t expired will be recalculated based on the new priority date.
- International publication may be postponed by withdrawing the priority claim before publication.
The MPEP states: “Where the withdrawal of a priority claim causes a change in the priority date, any time limit which is computed from the original priority date and which has not yet expired—for example, the time limit before which processing in the national phase cannot start—is computed from the priority date resulting from the change.“
However, it’s important to note: “if the notice of withdrawal reaches the International Bureau after the completion of the technical preparations for international publication, the International Bureau may proceed with the international publication on the basis of the time limit for international publication as computed from the original priority date.“
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