What does it mean that an application for a patent for invention is deemed to have been withdrawn after its publication?
Invention patent is a kind of patent stipulated in China's patent law. If one party makes an invention, it needs to apply to the Patent Office for a patent. If the patent is qualified, it can be published. So, what does it mean that an application for a patent for invention is deemed to be withdrawn after publication? Today, Bian Xiao has compiled the following contents to answer your questions, hoping to help you. What does it mean that an application for a patent for invention is deemed to have been withdrawn after its publication? The application for a patent for invention has been published, but for various reasons, if the applicant fails to make a request for substantive examination or fails to pay the fee for substantive examination, it shall be deemed to have been withdrawn, that is, the applicant has not made a written application for withdrawal, but abandoned the patent application through the inaction of some procedures. The reasons why the patent application was considered withdrawn in the preliminary examination stage are: (1) the patent application fee and printing fee were not paid on schedule; (2) Failing to reply to the examiner's rectification notice on schedule; (3) Failing to pay the maintenance fee and late payment fee for the first year (i.e. the third year) on schedule; (4) Failing to submit the substantive examination request and pay the substantive examination fee on schedule (within 3 years from the date of application). The reasons why a patent application is considered to be withdrawn when it enters the substantive examination stage are as follows: (1) It fails to reply to the examiner's notice of examination opinions on time; (2) Failure to pay maintenance fees and late fees on schedule. After the patent application is regarded as withdrawn, if the applicant does not want to lose the patent application, he should go through the restoration procedures in time during the recovery period, and don't miss the opportunity to go through the restoration procedures because he is too busy presenting his opinions to the Patent Office. If the applicant thinks that it is not his own fault and is deemed to have withdrawn, he should also go through the restoration procedures first and then state his opinions to the Patent Office. If it is really the fault of the patent office, the patent office will refund the repair fee to the applicant. Applicants should pay special attention to the time of paying maintenance fees, because there is a late payment period for maintenance fees. Once a patent application is deemed to have been withdrawn because it fails to pay the maintenance fee and late payment fee on time, the patent application will not be resumed. After the patent application is authorized, the patent right will be terminated and lost if the annual fee is not paid on time. If the applicant fails to go through the registration formalities before authorization, it shall also be deemed as giving up the right to obtain the patent right.