Patent priority claims can be withdrawn. According to relevant legal provisions, applicants can apply for patent priority based on international treaties or the principle of mutual recognition of priority. And applicants can withdraw their patent applications at any time before patent rights are granted.
Legal Basis
Article 29 of the Patent Law of the People’s Republic of China that came into effect on June 1, 2021
The applicant since Within twelve months from the date of first filing of a patent application for an invention or utility model in a foreign country, or within six months from the date of the first filing of a patent application for a design in a foreign country, another patent application for the same subject matter is filed in China , it may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority.
Within twelve months from the date the applicant first files a patent application for an invention or utility model in China, or within six months from the date a design first files a patent application in China , and files a patent application for the same subject with the Patent Administration Department of the State Council, it can enjoy priority.
Article 32
The applicant may withdraw his patent application at any time before the patent right is granted.