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How do I withdraw PCT patent application and refile later?


How do I withdraw PCT patent application and refile later?
« on: June 06, 2018, 07:24:09 PM »
I have PCT and non-provisional US patent applications filed on the same invention. I will have to withdraw and later refile the PCT application due to inability to pay the filing fees at this time. What is the procedure for withdrawing, is there a form? Once the PCT application is refiled, can I claim the US non-provisional filing date as the priority date for the PCT application? Is there a certain procedure or form for refiling the PCT application?
« Last Edit: June 07, 2018, 09:40:46 AM by Brad »


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Re: How do I withdraw PCT patent application and refile later?
« Reply #1 on: June 07, 2018, 09:46:10 AM »
I would call the patent office to confirm this because I personally have never done it but it looks like you can withdrawal the PCT.  There is likely a form for it (the patent office will be able to tell you if you call them):

If you wish to later file the PCT and claim priority to your US non-provisional you must do this within 12 months of your US filing date.   Likely this will be a "new" PCT application and not associated with your old one.

The PCT rules are very complex so this is just my best guess.  There are many great PCT experts and seminars on this topic if you are interested.  There is also a PCT listserve you can join and they will likely be able to help you more than I can:
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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Re: How do I withdraw PCT patent application and refile later?
« Reply #2 on: August 02, 2021, 06:19:18 AM »
As stated, you can withdraw an applicaiton, as long as it has not yet been searched or published (whereby applicaitons are published after search). This will allow you to reapply with that subject matter at a later date.

Filing a PCT application can be done and priority can be claimed as stated. You do, indeed, have 12 months.

You might want to reconsider you strategy, though. Going through the PCT route gives you an opinion (not a patent) to the patentability fo your applicaiton. This is useful if you, then, go and apply for a full patent. However, if you intention is patent protection throughout Europe, it may be cheaper to use your current applicaiotn as prior art of an EP filing. This will save you the costs of the PCT applicaiton, which are not an insignificant amount. It all depends, though, on what you want to achieve.


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