definitive withdrawal of application

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Phillip
Posts: 1
Joined: Sat Apr 06, 2019 12:24 am

definitive withdrawal of application

Post by Phillip » Sat Apr 06, 2019 12:49 am

Hello, seeking information regarding the point where a patent application can be considered to be definitively/ legally withdrawn. For example, if the Office invited the applicant to remedy deficiencies/ declare maintenance of their application within a stipulated time frame or loose all rights, and the applicant failed to respond within the time allotted ,at what point will the register be updated to inform the public that the application is withdrawn? When the register shows no reply from the applicant it might be inferred by the public that the application has been " deemed to have been withdrawn" but it seems to me that this could be a premature assumption given that there may be extenuating circumstances or errors to be taken into consideration by the office.
I assume that when the office declares in the register that the application has been withdrawn, this then is the definitive legal point where the public can be sure that the application has no further effect?
This leads to my final point. How long after the time for reply has elapsed before the office makes a definitive statement in the register to the effect that the application IS withdrawn? Thanks P


EPO / OPS Support
Posts: 1023
Joined: Thu Feb 22, 2007 5:32 pm

Re: definitive withdrawal of application

Post by EPO / OPS Support » Mon Apr 08, 2019 7:53 am

Hi,

Are you asking about EP applications and our EP Register or legal event data from worldwide application in INPADOC legal event database? Our answer depends on what you were refering to in your question.

Regards,
Vesna for OPS and Patent Data


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