How to revoke a patent

Voluntary withdrawal of patent application: Before the patent is granted, the applicant may submit a written withdrawal application to the patent administrative department of the State Council, and then withdraw the patent application. In the process of authorization, if the applicant fails to request substantive examination within the time limit without justifiable reasons, the application can be regarded as withdrawn.

legal ground

Article 32 of the Patent Law of People's Republic of China (PRC)

The applicant may withdraw his patent application at any time before being granted the patent right.

Article 35

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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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

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is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.