1, where the applicant fails to request substantive examination within the prescribed time limit without justifiable reasons;
2. An application has been filed in a foreign country, and the applicant fails to submit the retrieval materials or review results within the specified time limit without justifiable reasons;
3. After substantive examination, it does not meet the requirements, and the applicant fails to reply or modify the opinions without justifiable reasons.
legal ground
Article 35 of the patent law
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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
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is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
Article 37
After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.