Legal analysis: there is no clear provision for the withdrawal of the patent submitted for application. Where the applicant withdraws the patent application, it shall submit a declaration of withdrawal of the 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. In accordance with the provisions, the examiner shall issue a notice of conformity. The effective date of withdrawal of the patent application is the date of issuance of the notice of conformity.
Legal basis: Article 5 of the Patent Law of People's Republic of China (PRC) does not grant patent right to inventions that violate laws, social morality or harm public interests.
No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.