A patent submitted without payment of fees can generally be withdrawn. Chinese law clearly stipulates that an applicant may withdraw his or her patent application at any time before the patent right is granted, but must submit a written statement of withdrawal and state the name, application number, and application date of the invention for which the application is withdrawn.
Legal Basis
Article 32 of the Patent Law of the People's Republic of China
The applicant may withdraw the patent at any time before being granted the patent right its patent application.
Article 36 of the "Implementing Rules for the Patent Law of the People's Republic of China"
If the applicant withdraws a patent application, he shall submit a statement to the patent administration department of the State Council stating that The name of the invention, application number and filing date. If a statement of withdrawal of a patent application is made after the patent administration department of the State Council has made preparations for printing the patent application documents, the application documents will still be published; however, the statement of withdrawal of the patent application shall be announced in the patent gazette published later.