Before the patent right is granted, the applicant may voluntarily request to withdraw his patent application at any time. Where the applicant withdraws the patent application, it shall use the "Declaration of Withdrawal of Patent Application" made by the Patent Office.
No conditions may be attached to the withdrawal of a patent application.
If it is necessary to withdraw the patent application, whether the applicant entrusts a patent agency or not, it must issue a certificate signed by the applicant agreeing to withdraw the application. If there are more than two applicants for a patent application and they request to withdraw their patent application, they shall submit the certification materials signed or sealed by all the applicants for agreeing to withdraw the patent application. After the declaration of withdrawing the patent application has been examined and passed, the applicant shall be notified to go through the formalities.
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 Where a patent application has been published, the application number of the withdrawn patent application shall be announced in the patent gazette.