Is it okay to withdraw the patent application?

Recently, a friend asked if the withdrawn patent can be reapplied. Below, Huafa Intellectual Property will answer this question for you in detail. I hope to solve everyone's doubts, and then look at it with intellectual property rights.

Can I reapply for the withdrawn patent?

1. China has always encouraged and supported intellectuals to apply for patents for independent inventions and creations, and actively responded by formulating a legal system to protect the rights and interests of patentees.

2. The patent application has a strict process. When we apply for a patent, we must submit relevant documents to the State Intellectual Property Organization in accordance with relevant regulations. To revoke a patent, it needs to be approved by the relevant departments, and a "Declaration of Withdrawal of Patent Application" made by the Patent Office should be filled in. At the same time, there are no conditions for withdrawing the patent application.

3. First of all, it should be clear that the patent that has been voluntarily revoked is legally not allowed to be restored. If you want to withdraw the patent before it is published, the withdrawn patent will not be published. However, if the withdrawal is required before the patent preparation procedure, the withdrawal application will be invalid and the patent will still be published as usual. The procedures for patent publication have a certain time limit, and preparations are generally started from the fifteenth month of application. Patent applications that pass formal examination can get priority when they are ready for publication.

If you really want to revoke the patent, then the revocation statement of this patent application should be put forward before going through the formalities of patent right and authorization registration. After completing the registration procedures, the Patent Office will immediately make necessary preparations for the publication of the patent. If the patent application is to be revoked at this time, the patent is not allowed to be revoked, and the patent office will still publish the patent according to the procedure and write the patent specification.

5. Under what circumstances can a patent be withdrawn? For example, an applicant for a patent may be withdrawn if he fails to go through certain formalities requiring examination and approval within the effective time stipulated by law or required by the Patent Office.

That's all. Is it okay to withdraw the patent application? For the explanation of this problem, Bajie will provide you with relevant knowledge of copyright, trademark and patent. If in doubt, please feel free to consult a professional intellectual property consultant.