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(4)(a) Subject to the provisions of snbparagraph (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 orof 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.
PCTRule 90 bis.
Withdrawals
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9ob isA. Withdrawal ofthe Demand, or ofElections
(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 InternationalBureau..
(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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peTAdministrative Instruction Section (i06.
Cancellation ofElections
The International Preliminary Examining Authority shall, if the
election is in the demand,cancel ex officio the election of any
State which is not a designated State or which .is not bound by
Chapter II of the Treaty, 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 !PEA" 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. Withdrawal,
if timely, is effective upon receipt by the International
Bureau.
PATENT COOPERATION TREATY 1890
1881 Receipt of Notice of Election by
the Patent and Trademark Office
PCTRule 61.
Notification ofthe Demand and Elections
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6I.2.Notification to the Elected Offices
(a) The notification provided for in Article 31(7) shall be
effected by the International Bureau.
(b) The notification shall indicate the number and filing date
of the international application, the name of the applicant, the filingdate
of the-application whose priority is' claimed (where priority
is claimed), the date ofreceipt by the International Preliminary
Examining Authority of the demand, and - in the case of a later
election - the date of receipt of the notice effecting the later election.
The latter date shall be the actual date ofreceipt by the International
Bureau or,where applicable; the date referred to in Rule
56.1(t) or 60.2(b).
(c) The notification shall be sent to the elected Office
together with the communication provided. for in Article 20. Electionseffected
after such communication shall be notified
promptly after they have been made.
(d) Where the applicant makes an express request to an
elected Office under Article 40(2) before the communication provided
for in Article 20 has taken place, the International Bureau
shall, upon request ofthe applicant or the elected Office, promptly
effect that communication to that Office.
6I.3.Informationfor the Applicant
The International Bureau shall inform the applicant in writing
of the notification referred to in Rule 61.2 and of the elected
Offices notified under Article 31(7);
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All notices of election are received by thePCT
International Division from the International Bureau.
The PCT International Division preparesthe appropriate
records of the election and places the paper in storage
with the communicated copy of the international
application until the national stage is entered.
1890 Receipt of Notice of Designation
After publication of the international application,
between about 18 and 19 months from the priority
date, the International Bureau notifies each national
Office thatit has been designated and at the same time
forwards to each designated Office a copy of the international
application, a copy of the search report
(an English translation is sent to the U.S. if the
search report was not in English), a copy of any
amendment under PCT Article 19, and a copy of any
1800-131 August 2001