1. Before the patent right is granted, the applicant may request to withdraw his patent application at any time. Where an applicant withdraws a patent application, it shall submit a declaration of withdrawal of the patent application, with supporting materials signed or sealed by all the applicants agreeing to withdraw the patent application, or only submit a declaration of withdrawal of the patent application signed or sealed by all the applicants.
2. Where a patent agency is entrusted, the procedures for withdrawing the patent application shall be handled by the patent agency, and the certification materials signed or sealed by all applicants for agreeing to withdraw the patent application shall be submitted, or only the declaration of withdrawing the patent application signed or sealed by the patent agency and all applicants shall be submitted. No conditions may be attached to the withdrawal of a patent application. If the declaration of withdrawal of the patent application is not in conformity with the provisions, the examiner shall issue a notice deemed not to have been submitted.
Legal basis:
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substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 of the Patent Law of People's Republic of China (PRC) When requesting substantive examination, the applicant for a patent for invention shall submit reference materials related to his invention before the filing date. 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is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.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 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.