Can I withdraw specific designations from my international patent application?
Yes, you can withdraw specific designations from your international patent application. This process is governed by PCT Rule 90bis.2 and outlined in MPEP 1859. Here are the key points:
- You can withdraw the designation of any designated State up to 30 months from the priority date.
- Withdrawal of a designation that has been elected also withdraws the corresponding election.
- For states designated for both national and regional patents, withdrawal typically only affects the national patent designation unless otherwise specified.
- Withdrawal of all designations is treated as withdrawal of the entire international application.
The MPEP states: “The applicant may withdraw 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.“
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