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(3) been published under Article 21(2)(a) in
English; and
(4) entered the national stage under 35 U.S.c.
371.
If any of the above conditions have not been satisfied,
the publication of the international application
may only be used as prior art as of its publication date
under 35 U.S.c. 102(a)or (b).
1859 Withdrawal of International
Application or Designations
peTAdministrative Instruction Section 326.
Withdrawal by Applicant Under Rule 90 b;'.I,
9ob i'.2 or 90 bi ' .3
(a). The receiving Office shallpromptly transmit to the International
Bureau any' 'notice from the applicant effecting with­
drawal of the international application under Rule 90 bis .l , of a
designation under Rule 90 bis.2 or of a priority claim under Rule
90 bis.3 which has been filed with it together with an indication of
the date of receipt of the notice. If the record copy has not yet
been sent to the International Bureau, the receiving Office shall
transmit the said notice together with therecordcopy.
(b) If the search copy has already been sent to the International
Searching Authority and the international application is
withdrawn under Rule 9ob is.l or a priority claim is withdrawn
under Rule 90 bis .3, the receiving Office shall promptlytransmit a
copy of the notice effecting withdrawal to the International
Searching Authority.
(c) If the search copy has not yet been sent to theInternational
Searching Authority and the international application is
withdrawn under Rule 90 bis .l , the receiving Office shall not send
the search copy to the InternationalSearching Authority and shall,
subject to Section 322, refund the search fee to the applicant
unless it has already been transferred to the International Searching
Authority. If the search fee has already been transferredto the
International Searching Authority, the receiving Office shall send
a copy of the request and of the notice effecting withdrawal to that
Authority.
(d) If the search copy has not yet been sent to the International
Searching Authority and a priority claim is withdrawn
under Rule 9rf is .3, the receiving Office shall transmit a copy of
the notice effecting withdrawal to the International Searching
Authority together with the search copy.
PCl'Administrative Instruction Section 414.
Notification to the International Preliminary Examining
Authority Where the Internationai Application or the Designations
ofAll Elected States Are Considered Withdrawn
If a demand has been submitted and the international appllcation
or the designations of all designated States which have been
PATENT COOPERATION TREATY 1859
elected are considered withdrawn under Article 14(1), (3) or (4),
the International Bureau shall promptly. notify the International
Preliminary Examining Authority, unless the international preliminary
examination report has already issued.
The applicant may withdraw the international
application by a notice addressed to the International
Bureau or to the receiving Office and received before
the expiration of 20 months from the priority date.
Where a Demand for international preliminary examination
has been filed before the expiration of 19
months from the priority date, the international application
may be withdrawn by a notice addressed to the
International Bureau or to the International Preliminary
Examining Authority and received before the
expiration of 30 months from the priority date. Any
such withdrawal is free of charge. A notice of withdrawal
must be signed by all the applicants. 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.
As to the case where an applicant inventor for the
United States of America refuses to sign or cannot be
foundorreached see peT Rule 90 bis5(b).
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 that is, if the technical preparations for
international publication have already been completed.
International publication may be postponed
by withdrawing the priority claim.
The applicant may withdraw the designation of any
State by a notice addressed to the International Bureau
or to the receiving Office and received before the
expiration of 20 months from the priority date. Where
a Demand for international preliminary examination
has been filed before the expiration of 19 months
from the priority date, the designation of any elected
State may be withdrawn by a notice addressed to the
International Preliminary Examining Authority and
received before the expiration of 30 months from the
1800-83 August2001