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Withdrawal

Withdrawal

The process of actively informing the patent office that you no longer wish to proceed with a patent application. 


It is not necessary to actively withdraw a patent application you are no longer interested in pursuing - the patent office will eventually deem it to be withdrawn when a deadline for taking action is missed.  In some cases this passive approach to abandoning a patent application may be preferable as it maintains flexibility to change your mind up until the point it is deemed to be withdrawn for missing a deadline. 


By contrast, actively withdrawing a patent application has near immediate effect and is irrevocable.  Nonetheless, there are occasions where actively withdrawing a patent application is beneficial.  For example, by actively withdrawing a patent application before the patent office has completed their preparations to publish a patent application, the publication of the patent application can be prevented - this may be desirable, for example, when faced with an unfavourable search report.  Similarly, in some situations, partial or full refunds of official fees may be available if a patent application is withdrawn at a particular time.

​​This page is provided for general information only and is not intended to constitute legal or professional advice.  Please consult a qualified professional to obtain advice that is appropriate to your specific circumstances.

 

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Not ready yet?  Why not explore the rest of the glossary and my resources library to find out more about patents and the patent system.

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