Should you proceed with your patent application or withdraw it?

Once your patent application is published, the contents of your application and all correspondence on file will be in the public domain. It will not be possible to reverse this. Therefore you should consider carefully whether you have reasons for withdrawing the application before publication takes place. Withdrawal is the only way to prevent publication of your application, and the earlier you can notify the Office of this, the better.

You should consider the following factors before deciding whether you want your application to be published or whether withdrawal might be a better option for you.

Why publish?

• Your application has to be published if you want a patent to be granted.
• Publication can prevent other people from patenting a similar invention, even if you choose not to proceed with your own patent application.

Why withdraw prior to publication?

• If there is information on the file for your application which you do not wish to be made public:
  All correspondence from yourself, the Office and any third parties will be open to public inspection, including on our website, once your application is published. If there is information on the file which you do not want to be published, then you should withdraw your application before publication.
  
  This information could include:
  - sensitive information such as letters containing personal information about yourself or others;
  - further details about your invention e.g. amended pages or claims filed after the filing date and containing
    additional matter, or letters giving further details explaining why your invention is different from the prior art
    and disclosing details;
  - or other information which you do not wish other people to see.
  
  
• If you wish to file abroad at a later date:
  You will not be able to get a patent granted in another country if the invention has already been made public. If you wish to file a patent application in another country you should therefore either do so before publication of your current application or withdraw your current application before publication.
  
  
• If you wish to keep your invention secret:
  You may not want other people to know what you are working on. You may decide that you want to keep the whole invention secret and rely on “trade secrets” rather than obtaining a patent.
  
  
• If you have lost interest:
  You may decide not to pursue the patent application, through having lost interest, being unable to manufacture the invention or being unable to get financial backing.

Note

• There may be other reasons why you might wish to withdraw your application.
• A patent application can be withdrawn at any time before a patent is granted, even if publication has already taken place.