1. Can the patent submission be withdrawn without payment?
1. Patent submission No payment can be withdrawn.
2. The applicant can withdraw his patent application at any time before the patent right is granted, but he must submit a written statement of withdrawal and indicate the invention for which the application is withdrawn. name, application number and application date.
3. Legal basis:
"Patent Law of the People's Republic of China"
Article 32 The applicant may withdraw his patent application at any time before the patent right is granted.
"Implementing Rules for the Patent Law of the People's Republic of China"
Article 37 Applicants If a patent application is withdrawn, a statement shall be made to the patent administration department of the State Council, stating the name of the invention, application number and filing date.
The statement of withdrawal of the patent application is made after the patent administration department of the State Council has made preparations for printing the patent application documents for publication, and the application documents will still be published; however, the withdrawal The declaration of the patent application shall be published in the patent gazette published later.
2. How to apply for a patent
To apply for a patent, you can directly prepare materials and submit them to the Patent Office; if you apply for a patent or go through other procedures with the Patent Office, you can submit the application documents or other documents Submit or mail directly to the Patent Office Acceptance Office or any of the above-mentioned patent agencies. When submitting documents, you should pay attention to the following matters:
1. To submit application documents or documents for various formalities to the Patent Office, the forms uniformly formulated by the State Intellectual Property Office should be used. The application documents should be in duplicate. The formal documents can be One copy; the form can be downloaded from the Internet, or requested at the acceptance hall of the State Intellectual Property Office or by letter;
2. One form can only be For a patent application; applicants should keep drafts of various documents submitted to the Patent Office to ensure consistency in filling in documents during the application review and approval process, and can be used as a reference when responding to examination opinions.
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