According to the Patent Law of People's Republic of China (PRC), it is stipulated as follows:
Article 32 An applicant may withdraw his patent application at any time before being granted the patent right.
2. Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, at the request of the applicant at any time, conduct substantive examination of the 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
3. 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is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
4. Article 37 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 provisions of this 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limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Extended data
The applicant may withdraw his patent application at any time before the patent application is authorized. When the applicant withdraws the patent application, it shall submit a "declaration of withdrawal of the patent application" to the Patent Office.
"Declaration of Withdrawal of Patent Application" is a form made by the Patent Office. The declaration shall be filled in item by item, indicating the invention name, application number and application date, and shall be signed by the applicant or agency. When the withdrawal procedure is qualified, the Patent Office shall send a Notice of Procedure Qualification to the applicant; When the withdrawal procedure is unqualified, the Ministry will apply for "deemed not to have submitted the notice".
If the patent office is ready to publish the patent application when submitting the declaration of withdrawal of patent application, the patent application mentioned in the declaration will still be published, but the declaration of withdrawal of patent application will be announced in the patent bulletin published later.
Voluntary withdrawal of the patent application is the right of the applicant, and the reasons for withdrawal can be omitted when it is filed. According to the principle of estoppel in legal procedures, once the withdrawal of a patent application takes effect, the applicant may not request to withdraw the statement, and the application will be terminated.
The applicant shall not request to withdraw the statement without justifiable reasons; Unless the untrue owner of the right to apply maliciously requests to withdraw the patent application, the true owner of the right to apply (who must provide valid legal documents to prove it) may request to revoke the declaration.
The declaration of withdrawing the patent application was made after the patent application entered the editorial bulletin, and the application documents were published or announced as usual, but the examination procedure was terminated. Where a patent application has been published, the application number of the withdrawn patent application shall be announced in the patent gazette.
China People's Congress Network-People's Republic of China (PRC) Patent Law