1880 Withdrawal of Demand or Election [R-07.2015]

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byChhabra Law Firm

PCT Article 37

Withdrawal of Demand or Election

  • (1) The applicant may withdraw any or all elections.
  • (2) If the election of all elected States is withdrawn, the demand shall be considered withdrawn.
  • (3)
    • (a) Any withdrawal shall be notified to the International Bureau.
    • (b) The elected Office concerned and the International Preliminary Examining Authority concerned shall be notified accordingly by the International Bureau.
  • (4)
    • (a) Subject to the provisions of subparagraph (b), withdrawal of the demand or of the election of a Contracting State shall, unless the national law of that State provides otherwise, be considered to be withdrawal of the international application as far as that State is concerned.
    • (b) Withdrawal of the demand or of the election shall not be considered to be withdrawal of the international application if such withdrawal is effected prior to the expiration of the applicable time limit under Article 22; however, any Contracting State may provide in its national law that the aforesaid shall apply only if its national Office has received, within the said time limit, a copy of the international application, together with a translation (as prescribed), and the national fee.

PCT Rule 90bis

Withdrawals

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90 bis.4 Withdrawal of the Demand, or of Elections

  • (a) 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.
  • (b) Withdrawal shall be effective upon receipt of a notice addressed by the applicant to the International Bureau.
  • (c) If the notice of withdrawal is submitted by the applicant to the International Preliminary Examining Authority, that Authority shall mark the date of receipt on the notice and transmit it promptly to the International Bureau. The notice shall be considered to have been submitted to the International Bureau on the date marked.

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PCT Administrative Instructions Section 606

Cancellation of Elections

  • (a) The International Preliminary Examining Authority shall cancel ex officio:
    • (i) the election of any State which is not a designated State;
    • (ii) the election of any State not bound by Chapter II of the Treaty.
  • (b) The International Preliminary Examining Authority shall enclose that election within square brackets, shall draw a line between the square brackets while still leaving the election legible and shall enter, in the margin, the words “CANCELLED EX OFFICIO BY IPEA” or their equivalent in the language of the demand, and shall notify the applicant accordingly.

Any withdrawal of the demand or any election must be sent to the International Bureau or to the International Preliminary Examining Authority, provided that the withdrawal is signed by all applicants in accordance with PCT Rule 90bis.5. Pursuant to PCT Rules 90.4(e) and 90.5(d), the requirement for a separate power of attorney or a copy of the general power of attorney shall not be waived in cases of withdrawal.