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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?

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For withdrawal : Excerpt of PCT Rules 90 bis http://www.wipo.int/pct/en/texts/rules/r90bis.html

90bis.1 Withdrawal of the International Application

(a) The applicant may withdraw the international application at any time prior to the expiration of 30 months from the priority date.

(b) Withdrawal shall be effective on receipt of a notice addressed by the applicant, at his option, to the International Bureau, to the receiving Office or, where Article 39(1) applies, to the International Preliminary Examining Authority.

and from PCT news letter http://www.wipo.int/pct/en/newslett/practical_advice/pa_112012.html

If you wish to withdraw the international application under PCT Rule 90bis.1 early enough to prevent publication, it is strongly recommended that you submit the notice of withdrawal directly to the International Bureau (IB) before it completes the technical preparations for publication (see PCT Rule 90bis.1(c)). Those technical preparations are generally completed 15 days before the publication date (which is scheduled to take place as soon as possible after the expiration of 18 months from the priority date).

Form available on http://www.wipo.int/export/sites/www/pct/en/forms/ib/editable/ed_ib372.pdf

One can process PCT application anytime within 12 months of filing of application (for which priority is sought in PCT application) with patent office of one's own country. Procedure will be same. One can not file after the time period.

  • "You can process PCT application within 12 months of filing of non-provisional. " Yes, if the non.-prov did not claim priority. – DonQuiKong Jun 7 '18 at 7:35
  • could you edit that into the answer? Imho it's an important point and comments aren't meant to be permanently available. – DonQuiKong Jun 7 '18 at 14:04
  • Edited.Thanks for the suggestion.@DonQuiKong – AD Adhikary Jun 7 '18 at 14:35
  • If you do not pay the fees, the PCT application will die. Why would there be a need to withdraw? – George White Jun 13 '18 at 0:36

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