1. Whether the patent application can be withdrawn after submission
According to the Patent Law It stipulates that after a patent Applicant applies for a patent, the applicant may withdraw his or her patent application at any time before the patent right is granted.
Article 26 of the "Patent Law of the People's Republic of China" When applying for an invention or utility model patent, a request, description, abstract and claims shall be submitted and other documents.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the technical field to realize it; when necessary, there shall be appended documents. picture. The abstract should briefly describe the technical key points of the invention or utility model.
The claims should be based on the description and clearly and briefly define the scope of patent protection requested.
For inventions and creations that rely on genetic resources, the applicant should explain the direct source and original source of the genetic resource in the patent application document; the applicant cannot explain the original source Yes, the reasons should be stated.
Article 32 The applicant may withdraw his or her patent application at any time before the patent right is granted.
2. What fees are required for patent application
1. When applying for patent agency, the applicant needs to pay agency fees and official fees.
2. The amount of the agency fee is based on the difficulty and work of the technical field to which the application belongs.The amount is determined by the applicant after consultation with the agency.
3. Official fees are fees paid to the State Intellectual Property Office. It usually includes: the first official fee includes: invention patent application fee of 950 yuan (including 50 yuan for printing fee); utility model patent application fee of 500 yuan; design patent application fee of 500 yuan; invention application review fee of 2,500 yuan. In addition, the registration fee for authorization of invention patent is 255 yuan, and the registration fee for authorization of utility model or design patent is 205 yuan.
4. To obtain and maintain a patent, the applicant also needs to pay patent annual fees and other fees to the Patent Office within a few years after application.
We can understand that according to the regulations, after a patent applicant applies for a patent, the applicant can The patent application can be withdrawn at any time before the patent is granted, but you should still think carefully before doing anything. The above is the content compiled by the editor. If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.
