What does it mean that an application for a patent for invention is deemed to have been withdrawn after its publication?

The application for a patent for invention was published, but it was withdrawn due to various factors. If the applicant fails to submit the request for substantive examination or fails to pay the fee for substantive examination, it will be regarded as withdrawal, that is, the applicant has not submitted a written withdrawal application, but the inaction through some procedures will also lead to the abandonment of the patent application.

The reason why the patent application is considered to be withdrawn in the preliminary examination stage is:

(1) Failing to pay the patent application fee and printing fee on schedule;

(2) Failing to reply to the examiner's rectification notice on schedule;

(3) Failing to pay the maintenance fee and late payment fee for the first year (i.e. the third year) on schedule;

(4) Failing to submit the substantive examination request and pay the substantive examination fee on schedule (within 3 years from the date of application).

Entering the substantive examination stage, the patent application is deemed to have been withdrawn because:

(1) failed to reply to the examiner's notice of review opinions on schedule;

(2) Failure to pay maintenance fees and late fees on schedule.

After the patent application is regarded as withdrawn, if the applicant does not want to lose the patent application, he should go through the restoration procedures in time during the recovery period, and don't miss the opportunity to go through the restoration procedures because he is too busy presenting his opinions to the Patent Office. If the applicant thinks that it is not his own fault and is deemed to have withdrawn, he should also go through the restoration procedures first and then state his opinions to the Patent Office. If it is really the fault of the patent office, the patent office will refund the repair fee to the applicant.

Applicants should pay special attention to the time of paying maintenance fees, because there is a late payment period for maintenance fees. Once a patent application is deemed to have been withdrawn because it fails to pay the maintenance fee and late payment fee on time, the patent application will not be resumed.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics 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.

Article 6 Inventions and creations made by performing the tasks of the unit or mainly using the material and technical conditions of the unit are service inventions and creations.