The applicant may withdraw his patent application at any time before being granted the patent right.
Second, it is regarded as withdrawal.
(1) Within three years from the date of filing an application for a patent for invention, the administrative department for patent in the State Council may, upon the request of the applicant at any time, conduct a substantive examination of its application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
(2) When requesting substantive examination, the applicant for a patent for invention shall submit the 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is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
(3) If the administrative department for patent in the State Council considers that the application for a patent for invention is not in conformity with the law after substantive examination, 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 If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.