IP Intelligence › Ask a Question › Should I withdraw my application and file again?
Guided answer
Should I withdraw my application and file again?
Withdrawing and refiling can give you a fresh start, but only before anything has become public. Once the application is published, refiling the same invention rarely helps.
Has the application been published?
Applications are ordinarily published eighteen months from the filing or priority date, whichever is earlier. Withdrawing at least three months before that date stops publication (section 11A(3)(c)).
Educational guidance only - not legal advice. Do not rely on it. It cannot see your documents, your dates or the prior art, and those usually decide the answer. Laws, rules, forms, fees and deadlines change. Please review your situation with a qualified advocate, patent attorney or registered patent agent before you act or decide not to act.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.
