3.8. Withdrawal of the patent application
3.8.1 General issues
A valid notice of withdrawal which has been received at the EPO is binding on the applicant, although, in the case of withdrawal by mistake, R. 139 EPC (R. 88 EPC 1973) may be applicable (see e.g. J 10/87, OJ 1989, 323; J 4/97; see also T 1673/07, J 6/13; J 11/16). However, a withdrawal cannot be retracted once the public has been officially informed of it (J 1/11, J 2/15). A publication in the European Patent Register has the same legal effect as a publication in the European Patent Bulletin, unless otherwise specified (J 1/11, J 2/15).
- J 3/22
Catchword:
Once the public is officially informed by an EPO publication of an explicit declaration of withdrawal and without any indication that this declaration might have been erroneous, there is no room for a further balancing of the interests of the general public and the applicant (confirming the settled case law of the boards of appeal, see Reasons 2.2 to 2.13).