Which patent applications have been voluntarily withdrawn, and which applications are regarded as withdrawn and restored?
1. Which patent applications were voluntarily withdrawn? After the application is filed, the applicant may voluntarily withdraw the patent application due to changes in circumstances. For example: (1) found that the application content does not belong to the scope of patent protection; (two) found that there are serious defects in the writing of the application documents, which may lead to the application not being approved, or the scope of protection will be severely restricted; (3) it is found that the application lacks patentability, and it is meaningless to carry out one-step procedures; (4) The applicant requests to apply for a confidential patent, but the competent department of the State Council does not agree. After consideration, the applicant thinks it is more beneficial to keep the invention secret. To request the withdrawal of a patent application, a "patent application withdrawal statement" shall be submitted in duplicate, indicating the application number, invention name and applicant of the withdrawal application, and all applicants shall sign and seal it. Where a patent agency is entrusted, the patent agency may handle it on its behalf, but it shall attach a certificate that all applicants agree to withdraw the application. Once the patent application is withdrawn, the applicant and his heirs may not request its restoration. If an application for a patent for invention is withdrawn before the publication of the preparation procedure, it will not be published after the withdrawal, but if it is withdrawn before the publication of the preparation procedure, the application will be published as usual. Generally, the preparation procedure for publication starts from the15th month from the application date. However, if the request is not published in advance, it will enter the preparation procedure for publication once it passes the formal review. If there is a priority request, it will enter the preparation procedure for publication from the15th month of the priority log. The declaration of withdrawing the patent application shall be made before going through the formalities of patent authorization registration. After going through the registration formalities, the Patent Office immediately entered the announcement preparation procedure. Even if the applicant requests to withdraw the patent application, the Patent Office will publish the authorization and patent specification as usual. Where an application for a patent for invention is withdrawn before publication and an application for a utility model or design has been registered, the Patent Office shall keep the application documents confidential; And manage according to the application documents before and after publication until the documents are destroyed. Two, which applications are considered to be withdrawn and restored during the review process, and the applicant fails to go through the examination and approval procedures within the time limit specified by law or the Patent Office without justifiable reasons, its application will be regarded as withdrawn. Some applicants are unwilling to enter the procedure because of time, energy, economy and other considerations, and deliberately do not go through the formalities; Some applicants don't understand the law and the approval process is delayed. Others postponed the deadline for just reasons. In practice, the patent office can't distinguish these different situations, so if it fails to go through the prescribed procedures within the time limit, it will be regarded as withdrawing the notice. The reasons for the withdrawal were stated in the notice. If the applicant has justified reasons, he shall explain the justified reasons to the Patent Office within two months from the date of receiving the notice of deemed withdrawal, and request the restoration of rights. To request the restoration of rights, a "Request for Restoration of Rights" shall be submitted in duplicate, explaining the legitimate reasons for delaying the time limit; At the same time, due to legitimate reasons, all the formalities that should be completed should be stopped, and the fees that should be paid should be returned. The cost of handling the formalities should generally be completed within the above two months. If it is really difficult to complete it within two months, it shall request the Patent Office to extend the time limit; The person who requests the restoration of his rights shall also pay the prescribed fee. If the applicant is hospitalized due to illness, which delays the processing time of the actual trial request, the application is deemed to be withdrawn. At this time, if the applicant requests to resume the application, he shall submit the request for the restoration of rights in duplicate, pay the fee for the restoration of rights, go through the formalities for the actual trial of the request and pay the fee for the actual trial of the request.