World Intellectual Property Organization

Patent Cooperation Treaty (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(2)  If the election of all elected States is withdrawn, the demand shall be considered withdrawn.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 Offices 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.

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