A patent can be withdrawn after application. If the applicant fails to request substantive examination beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Legal basis:
"Patent Law of the People's Republic of China"
Article 32 The applicant may apply for patent at any time before the patent right is granted. Withdraw its patent application.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; the applicant fails to make the request within the time limit without justifiable reasons. If the application is subject to substantive examination, the application will be deemed to have been withdrawn.
Article 36 When requesting substantive examination, the applicant for an invention patent shall submit reference materials related to his invention before the filing date.
If an application for an invention patent has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit within a specified time limit the information retrieved by that country for the purpose of examining the application or the information on the examination results; if the application is overdue without justifiable reasons, If not submitted, the application will be deemed withdrawn.
Article 37 If, after conducting a substantive examination of an invention patent application, the patent administration department of the State Council deems that the application does not comply with the provisions of this Law, it shall notify the applicant and require him to state his opinions within a specified time limit, or to The application shall be revised; if no reply is made within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.