Before the patent right is granted, the applicant can actively request to withdraw its patent application at any time. If an applicant withdraws a patent application, he or she shall submit a statement of withdrawal of the patent application, together with supporting materials indicating that all applicants have signed or stamped their consent to withdraw the patent application, or only a statement of withdrawal of patent application signed or stamped by all applicants must be submitted. If a patent agency is entrusted, the procedure for withdrawing the patent application shall be handled by the patent agency, and shall be accompanied by supporting materials proving that all applicants agree to withdraw the patent application, signed or stamped by the patent agency, or only submitted with the signatures or stamps of all applicants by the patent agency and all applicants. Statement of Withdrawal of Patent Application.
Withdrawal of a patent application shall not be subject to any conditions. If the declaration of withdrawing a patent application does not comply with the regulations, the examiner shall issue a notice that it is deemed not to have been filed; if the withdrawal statement complies with the regulations, the examiner shall issue a notice of passing the formalities. The effective date for withdrawing a patent application is the date of issuance of the notification of passing the procedures. Published invention patent applications must also be announced in the Patent Gazette. The applicant shall not request revocation of the statement of withdrawal of the patent application without justifiable reasons; however, after the patent application is withdrawn in bad faith by someone other than the true owner of the application right, the true owner of the application right (which should be proved by submitting an effective legal document) may request revocation of the withdrawal of the patent application. statement. The statement of withdrawal of the patent application is made after the patent application enters preparation for publication. The application documents are published or announced as usual, but the examination process is terminated.