What is the latest date by which a PCT application can be withdrawn if the applicant wants to be sure that publication will be prevented?
Proposed reply
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The international publication can be prevented provided notice of withdrawal reaches the International Bureau before technical preparations for publication are completed (Art 21(5) PCT and R 90bis.1(c) PCT).
The technical preparations are generally completed by the 15th day prior to the date of publication (PCT applicant’s GUIDE VOL I, [9.014]) i.e prior to the expiry of the 18 month period (Art21(2)(a)PCT).
Therefore, a withdrawal of the application before that day will ensure that the application will not be published.
This proposed reply is not a legal opinion and does not engage the responsibility of Cabinet Novitech and should not replace the consultation of a Patent Attorney.
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