MPEP § 1859 — Withdrawal of International Application, Designations, or Priority Claims (Annotated Rules)

§1859 Withdrawal of International Application, Designations, or Priority Claims

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1859, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Withdrawal of International Application, Designations, or Priority Claims

This section addresses Withdrawal of International Application, Designations, or Priority Claims. Contains: 7 requirements, 2 prohibitions, and 5 permissions.

Key Rules

Topic

Article 19 Amendment Scope

7 rules
StatutoryRequiredAlways
[mpep-1859-8af74d9ac93466ca0d83226b]
Notification for Withdrawal of International Application
Note:
Applicant must notify the International Bureau, receiving Office, or International Preliminary Examining Authority upon withdrawal of the application.

(b) Withdrawal shall be effective on receipt of a notice addressed by the applicant, at his option, to the International Bureau, to the receiving Office or, where Article 39(1) applies, to the International Preliminary Examining Authority.

Jump to MPEP SourceArticle 19 Amendment ScopeReceiving Office (RO/US)PCT Article 19 Amendments
StatutoryRequiredAlways
[mpep-1859-32120d93d6942904db664aca]
Withdrawal Notice Before Publication
Note:
If a withdrawal notice is received before technical publication preparations, no international application will be published.

(c) No international publication of the international application shall be effected if the notice of withdrawal sent by the applicant or transmitted by the receiving Office or the International Preliminary Examining Authority reaches the International Bureau before the technical preparations for international publication have been completed.

Jump to MPEP SourceArticle 19 Amendment ScopeReceiving Office (RO/US)Publication Language
StatutoryPermittedAlways
[mpep-1859-b6d60b93e8c4e6d19cb0867a]
Multiple Priority Claims Withdrawal Option
Note:
An applicant may withdraw one or all priority claims in an international application containing multiple such claims.

(b) Where the international application contains more than one priority claim, the applicant may exercise the right provided for in paragraph (a) in respect of one or more or all of the priority claims.

Jump to MPEP SourceArticle 19 Amendment ScopePCT Claims FormatPCT Article 19 Amendments
StatutoryPermittedAlways
[mpep-1859-dcfb142df72adfb74ffcb668]
Notice to Withdraw International Application Before Priority Date
Note:
An applicant can withdraw their international application, state designation, or priority claim by sending a notice before the 30-month deadline from the priority date.

The applicant may withdraw the international application, the designation of any state, or a priority claim by a notice addressed to the International Bureau or to the receiving Office and received before the expiration of 30 months from the priority date. Where Article 39(1) applies, the notice may also be addressed to the International Preliminary Examining Authority. Any such withdrawal is free of charge. 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. An appointed agent or appointed common representative may sign such a notice on behalf of the applicant or applicants who appointed him, but an applicant who is considered to be the common representative may not sign such a notice on behalf of the other applicants. For international applications filed prior to January 1, 2013, please see the version of PCT Rule 90bis.5 in effect at that time.

Jump to MPEP SourceArticle 19 Amendment ScopeEffect of International FilingReceiving Office (RO/US)
StatutoryPermittedAlways
[mpep-1859-0ec8eda580a1d533894ae59c]
Notice May Be Addressed to International Preliminary Examining Authority for Withdrawal
Note:
A notice of withdrawal can be sent to the International Preliminary Examining Authority in addition to the International Bureau or receiving Office, provided Article 39(1) applies.

The applicant may withdraw the international application, the designation of any state, or a priority claim by a notice addressed to the International Bureau or to the receiving Office and received before the expiration of 30 months from the priority date. Where Article 39(1) applies, the notice may also be addressed to the International Preliminary Examining Authority. Any such withdrawal is free of charge. 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. An appointed agent or appointed common representative may sign such a notice on behalf of the applicant or applicants who appointed him, but an applicant who is considered to be the common representative may not sign such a notice on behalf of the other applicants. For international applications filed prior to January 1, 2013, please see the version of PCT Rule 90bis.5 in effect at that time.

Jump to MPEP SourceArticle 19 Amendment ScopeEffect of International FilingReceiving Office (RO/US)
StatutoryPermittedAlways
[mpep-1859-cb333fc8c6859182ffb2cc1d]
Notice of Withdrawal Before Publication
Note:
The applicant can prevent international publication by withdrawing the application, but the notice must be received before technical preparations for publication are completed.

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. 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.

Jump to MPEP SourceArticle 19 Amendment ScopePublication LanguagePCT Article 19 Amendments
StatutoryProhibitedAlways
[mpep-1859-1152801136f35ac5d2506a91]
Withdrawal of Priority Claim Affects Time Limits
Note:
Withdrawing a priority claim changes the priority date and affects time limits computed from the original date, but not if the limit has already expired.

Where the withdrawal of a priority claim causes a change in the priority date of the international application, 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. (It is not possible to extend the time limit concerned if it has already expired when the priority claim is withdrawn.) Thus, international publication may be postponed by withdrawing the priority claim prior to publication. However, 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.

Jump to MPEP SourceArticle 19 Amendment ScopeArticle 19 Amendment TimingNationals and Residents
Topic

Patent Term Expiration

2 rules
StatutoryPermittedAlways
[mpep-1859-b663fb59815a8ca7a79a569b]
Withdrawal of Designated State Before Priority Expiration
Note:
An applicant can withdraw the designation of any state before 30 months from the priority date, which also entails withdrawing the corresponding election.

(a) The applicant may withdraw the designation of any designated State at any time prior to the expiration of 30 months from the priority date. Withdrawal of the designation of a State which has been elected shall entail withdrawal of the corresponding election under Rule 90bis.4.

Jump to MPEP SourcePatent Term ExpirationPatent Term
StatutoryRequiredAlways
[mpep-1859-03ad505ecc7262a229a6668c]
Withdrawal of Designated State Requires Election Withdrawal
Note:
If a designated state is withdrawn, the corresponding election must also be withdrawn.

(a) The applicant may withdraw the designation of any designated State at any time prior to the expiration of 30 months from the priority date. Withdrawal of the designation of a State which has been elected shall entail withdrawal of the corresponding election under Rule 90bis.4.

Jump to MPEP SourcePatent Term ExpirationPatent Term
Topic

PCT International Application Filing

2 rules
StatutoryRequiredAlways
[mpep-1859-5901a02209ae0b0b1263f140]
Withdrawal of All Designations Treated as Application Withdrawal
Note:
The withdrawal of designations for all states is considered equivalent to the withdrawal of the entire international application.

(c) Withdrawal of the designations of all designated States shall be treated as withdrawal of the international application under Rule 90 bis.1.

Jump to MPEP SourcePCT International Application FilingPatent Cooperation Treaty
StatutoryRequiredAlways
[mpep-1859-51711ad29aad8f101b3b4b9f]
International Application Withdrawal Terminates Processing
Note:
When an international application is withdrawn under Rule 90bis.1, all further processing of the application is halted.

(b) Where the international application is withdrawn under Rule 90bis.1, the international processing of the international application shall be discontinued.

Jump to MPEP SourcePCT International Application FilingPatent Cooperation TreatyEffect of International Filing
Topic

Signature Requirements

2 rules
StatutoryRequiredAlways
[mpep-1859-e56f125e96ee017d182ca620]
Applicant Must Sign Withdrawal Notice
Note:
The notice of withdrawal must be signed by the applicant, or all applicants if there are two or more.

Any notice of withdrawal referred to in Rules 90bis.1 to 90bis.4 shall be signed by the applicant or, if there are two or more applicants, by all of them. An applicant who is considered to be the common representative under Rule 90.2(b) shall not be entitled to sign such a notice on behalf of the other applicants.

Jump to MPEP SourceSignature Requirements
StatutoryProhibitedAlways
[mpep-1859-c94beb52d71bbd6887dda250]
Common Representative Cannot Sign Withdrawal Notice
Note:
An applicant who is a common representative cannot sign a notice of withdrawal on behalf of other applicants.

Any notice of withdrawal referred to in Rules 90bis.1 to 90bis.4 shall be signed by the applicant or, if there are two or more applicants, by all of them. An applicant who is considered to be the common representative under Rule 90.2(b) shall not be entitled to sign such a notice on behalf of the other applicants.

Jump to MPEP SourceSignature Requirements
Topic

Effect of International Filing

2 rules
StatutoryRequiredAlways
[mpep-1859-af26076248e0721a05384b45]
Withdrawal Effects on Designated Offices
Note:
Withdrawals and elections have no effect if the international application has already been processed in a designated office.

(a) Withdrawal under Rule 90bis of the international application, any designation, any priority claim, the demand or any election shall have no effect in any designated or elected Office where the processing or examination of the international application has already started under Article 23(2) or Article 40(2).

Jump to MPEP SourceEffect of International FilingArticle 34 AmendmentsDemand for Preliminary Examination
StatutoryInformativeAlways
[mpep-1859-b7d941eb5ef4ae70a2082a24]
Notice for Withdrawing International Application Before 2013
Note:
This rule outlines the process for withdrawing an international application filed before January 1, 2013, including the required notice and signatory requirements.

The applicant may withdraw the international application, the designation of any state, or a priority claim by a notice addressed to the International Bureau or to the receiving Office and received before the expiration of 30 months from the priority date. Where Article 39(1) applies, the notice may also be addressed to the International Preliminary Examining Authority. Any such withdrawal is free of charge. 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. An appointed agent or appointed common representative may sign such a notice on behalf of the applicant or applicants who appointed him, but an applicant who is considered to be the common representative may not sign such a notice on behalf of the other applicants. For international applications filed prior to January 1, 2013, please see the version of PCT Rule 90bis.5 in effect at that time.

Jump to MPEP SourceEffect of International FilingPatent Cooperation TreatyArticle 19 Amendment Scope
Topic

Article 34 Amendments

2 rules
StatutoryRequiredAlways
[mpep-1859-19e53abc7e537eaf5811a119]
Processing of International Application Ceased Upon Withdrawal
Note:
The processing by the International Preliminary Examining Authority will cease if the demand or all elections are withdrawn under Rule 90bis.4.

(c) Where the demand or all elections are withdrawn under Rule 90bis.4, the processing of the international application by the International Preliminary Examining Authority shall be discontinued.

Jump to MPEP SourceArticle 34 AmendmentsDemand for Preliminary ExaminationInternational Preliminary Examining Authority (IPEA)
StatutoryInformativeAlways
[mpep-1859-0f33e8b9ab344f1b1684923e]
Withdrawal of Demand or Elections Required
Note:
The rule requires the withdrawal of demand or elections under PCT Rule 90bis.4, as detailed in MPEP § 1880.

For a discussion of the withdrawal of the demand or of elections (PCT Rule 90bis.4), see MPEP § 1880.

Jump to MPEP SourceArticle 34 AmendmentsDemand for Preliminary ExaminationInternational Preliminary Examination (Chapter II)
Topic

Request Content and Form

2 rules
StatutoryPermittedAlways
[mpep-1859-97598e68f20e29d5a6ddcbc8]
Form PCT/IB/372 for Withdrawal Under PCT Rules
Note:
The form allows applicants to withdraw their international application under specific PCT rules.

Form PCT/IB/372 may be used by the applicant to make a withdrawal under any of PCT Rules 90bis.1, 90bis.2, 90bis.3, and 90bis.4. The form is available from WIPO’s website (www.wipo.int/pct/ en/forms/).

Jump to MPEP SourceRequest Content and FormSignature RequirementsPCT Request Form
StatutoryInformativeAlways
[mpep-1859-3e07eba320f92a6269a9cfe3]
Withdrawal Form for PCT Applications Required
Note:
The form PCT/IB/372 must be used to withdraw an international application under specific PCT rules and is available from WIPO’s website.

Form PCT/IB/372 may be used by the applicant to make a withdrawal under any of PCT Rules 90bis.1, 90bis.2, 90bis.3, and 90bis.4. The form is available from WIPO’s website (www.wipo.int/pct/ en/forms/).

Jump to MPEP SourceRequest Content and FormPCT Request FormPatent Cooperation Treaty
Topic

Publication Language

2 rules
StatutoryPermittedAlways
[mpep-1859-dda39b058bcbcdb74b1ccbb9]
Withdrawal Effective Only if Publication Can Be Prevented
Note:
The notice of withdrawal is effective only if international publication can still be prevented, and becomes ineffective if technical preparations for publication have been completed.

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. 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.

Jump to MPEP SourcePublication LanguageInternational PublicationArticle 19 Amendment Scope
StatutoryProhibitedAlways
[mpep-1859-eb3b966d5d042970918abb2d]
Withdrawal Not Effective If Publication Preparations Complete
Note:
The withdrawal of an international application is not effective if the technical preparations for international publication have already been completed.

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. 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.

Jump to MPEP SourcePublication LanguageInternational PublicationArticle 19 Amendment Scope
Topic

PCT Claims Format

1 rules
StatutoryPermittedAlways
[mpep-1859-ef5bb4ae6f6aa9afb28a859a]
Priority Claim Can Be Withdrawn Before 30 Months
Note:
The applicant can withdraw a priority claim made in the international application at any time within 30 months from the priority date.

(a) The applicant may withdraw a priority claim, made in the international application under Article 8(1), at any time prior to the expiration of 30 months from the priority date.

Jump to MPEP SourcePCT Claims FormatNational Stage Entry Timing (30 Months)National Stage Entry
Topic

Late Payment and Reinstatement

1 rules
StatutoryRequiredAlways
[mpep-1859-ab64f6cb6745f3338bddf3ea]
Time Limits Recomputed After Priority Withdrawal
Note:
Time limits originally based on the priority date must be recalculated from the new priority date if a priority claim is withdrawn.

(d) 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 already expired shall, subject to paragraph (e), be computed from the priority date resulting from that change.

Jump to MPEP SourceLate Payment and ReinstatementPriority and Benefit ClaimsPeriod for Reply (37 CFR 1.134)
Topic

Period for Reply (37 CFR 1.134)

1 rules
StatutoryPermittedAlways
[mpep-1859-8681586704ffa886b46b7691]
Publication Despite Withdrawal After Prep
Note:
The International Bureau may publish an application even if a withdrawal notice is received after completing technical preparations, provided the notice reaches them within the time limit from the original priority date.

(e) In the case of the time limit referred to in Article 21(2)(a), the International Bureau may nevertheless proceed with the international publication on the basis of the said time limit as computed from the original priority date if the notice of withdrawal sent by the applicant or transmitted by the receiving Office or the International Preliminary Examining Authority reaches the International Bureau after the completion of the technical preparations for international publication.

Jump to MPEP SourcePeriod for Reply (37 CFR 1.134)
Topic

POA Form Requirements

1 rules
StatutoryRequiredAlways
[mpep-1859-0a08e1ef76a544a84b684a4e]
Notice of Withdrawal Must Be Signed by All Applicants
Note:
A notice to withdraw an international application must be signed by all the applicants.

The applicant may withdraw the international application, the designation of any state, or a priority claim by a notice addressed to the International Bureau or to the receiving Office and received before the expiration of 30 months from the priority date. Where Article 39(1) applies, the notice may also be addressed to the International Preliminary Examining Authority. Any such withdrawal is free of charge. 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. An appointed agent or appointed common representative may sign such a notice on behalf of the applicant or applicants who appointed him, but an applicant who is considered to be the common representative may not sign such a notice on behalf of the other applicants. For international applications filed prior to January 1, 2013, please see the version of PCT Rule 90bis.5 in effect at that time.

Jump to MPEP SourcePOA Form RequirementsDocuments Requiring SignatureSignature Requirements
Topic

Power of Attorney Signature

1 rules
StatutoryInformativeAlways
[mpep-1859-509a45ff5f83156995cbce03]
Waiver Provisions Do Not Apply to Withdrawals Under PCT Rule 90bis
Note:
The rules for waiving a power of attorney do not apply when withdrawing an international application, designation, or priority claim under PCT Rule 90bis.

The applicant may withdraw the international application, the designation of any state, or a priority claim by a notice addressed to the International Bureau or to the receiving Office and received before the expiration of 30 months from the priority date. Where Article 39(1) applies, the notice may also be addressed to the International Preliminary Examining Authority. Any such withdrawal is free of charge. 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. An appointed agent or appointed common representative may sign such a notice on behalf of the applicant or applicants who appointed him, but an applicant who is considered to be the common representative may not sign such a notice on behalf of the other applicants. For international applications filed prior to January 1, 2013, please see the version of PCT Rule 90bis.5 in effect at that time.

Jump to MPEP SourcePower of Attorney SignaturePower of Attorney RequirementsSIR Patent Rights Waiver
Topic

Power of Attorney by Assignee

1 rules
StatutoryProhibitedAlways
[mpep-1859-1c799819eb02b32b6be4a9d9]
Appointed Representative Can Sign Withdrawal Notice
Note:
An appointed agent can sign a withdrawal notice on behalf of the applicants, but a common representative cannot sign for others.

The applicant may withdraw the international application, the designation of any state, or a priority claim by a notice addressed to the International Bureau or to the receiving Office and received before the expiration of 30 months from the priority date. Where Article 39(1) applies, the notice may also be addressed to the International Preliminary Examining Authority. Any such withdrawal is free of charge. 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. An appointed agent or appointed common representative may sign such a notice on behalf of the applicant or applicants who appointed him, but an applicant who is considered to be the common representative may not sign such a notice on behalf of the other applicants. For international applications filed prior to January 1, 2013, please see the version of PCT Rule 90bis.5 in effect at that time.

Jump to MPEP SourcePower of Attorney by AssigneeArticle 19 Amendment ScopeEffect of International Filing
Topic

National Stage Entry Timing (30 Months)

1 rules
MPEP GuidancePermittedAlways
[mpep-1859-31e0bb35feab09071aea084a]
Withdrawal of International Application Before 30 Months
Note:
An applicant may withdraw their international application at any time within the first 30 months from the priority date.

(a) The applicant may withdraw the international application at any time prior to the expiration of 30 months from the priority date.

Jump to MPEP SourceNational Stage Entry Timing (30 Months)National Stage EntryPatent Cooperation Treaty

Citations

Primary topicCitation
Article 34 AmendmentsMPEP § 1880
Article 19 Amendment Scope
Effect of International Filing
POA Form Requirements
Power of Attorney Signature
Power of Attorney by Assignee
PCT Rules 90.4(d)
Article 19 Amendment Scope
Article 34 Amendments
Effect of International Filing
POA Form Requirements
Power of Attorney Signature
Power of Attorney by Assignee
Request Content and Form
PCT Rule 90bis.5

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31