What is the necessary procedure for withdrawing the patent right?

The procedure for withdrawing the patent application includes: the applicant submits the withdrawal application to the patent administrative department of the State Council and submits a declaration for withdrawing the patent application. After the withdrawal procedure is qualified, the patent administration department will issue a document approving the withdrawal, and the patent application will take effect when the document is delivered to the party concerned. If the substantive examination is not requested within the time limit without justifiable reasons, the patent application shall be deemed to have been withdrawn.

legal ground

Article 35 of the Patent Law of People's Republic of China (PRC) * * * Within three years from the date of filing, the patent administration department of the State Council may, at the request of the applicant, conduct substantive examination of the application 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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application. 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is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 32 An applicant may withdraw his patent application at any time before being granted the patent right.