Can the applicant withdraw the patent right before it is granted?

The applicant may withdraw the patent right before it is granted. The applicant may withdraw his patent application at any time before being granted the patent right. However, it is necessary to submit an application to the Patent Office and obtain the approval of the Patent Office before the revocation of the patent application can be completed. According to the relevant laws and regulations of our country, if an inventor applies for patent registration, the applicant may withdraw his patent application at any time before being granted the patent right. If the applicant fails to apply for substantive examination within the time limit, it may be treated as an application for withdrawal.

Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.

Legal basis: Article 32 of the Patent Law of People's Republic of China (PRC).

The applicant may withdraw his patent application at any time before being granted the patent right.

Article 36

When requesting substantive examination, the applicant for a patent for invention shall submit reference materials related to his invention before the filing date.

Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.