1. Whether the inventor can withdraw the patent application
According to the relevant laws of our country According to the regulations, if an inventor applies for patent registration, the applicant may withdraw his patent application at any time before the patent right is granted. If the applicant fails to apply for substantive examination within the time limit, the application may be treated as withdrawn.
"Patent Law of the People's Republic of China"
Article 32 Applicants may apply in Withdraw its patent application at any time before patent rights are granted.
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct substantive review of the application upon request made by the applicant at any time. Review; if the applicant fails to request substantive review beyond the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
2. Can the patent application documents be modified after they are submitted to the Patent Office?
1. When applying for an invention patent, the application documents include: invention patent application, instructions (the contents of the instructions need to indicate the technical problems to be solved, solutions The technical solution adopted for the technical problem and its beneficial effects.
Note that if the description has drawings, the drawings, claims, and Abstract (with abstract and accompanying drawings if necessary), in duplicate.
For invention patent applications involving amino acid or nucleotide sequences, the description must include The sequence list should be submitted as a separate part of the specification, and an optical copy recording the sequence list that complies with the provisions of the State Intellectual Property Office should also be submitted.disk or floppy disk.
2. When applying for a utility model patent, the application documents include: utility model patent request, description, description drawings, claims, abstract and drawings , each in duplicate.
3. When applying for a design patent, the application documents include: design patent application form, pictures or photos, each in duplicate. If you require color protection, you should also submit color pictures or photos in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed. If you need to explain the pictures or photos, you must submit a brief description of the design in duplicate.
However, after you submit the patent application documents to the Patent Office, the applicant can still modify the patent application documents during the patent application stage. Allowed to change again.
The editor of Legal Savior Network answered this question as above. Our country’s law stipulates that if an inventor applies for patent registration, the applicant can be granted the patent right. If the applicant has withdrawn its patent application at any time before and fails to apply for substantive examination within the time limit, it may be treated as a withdrawal of application. The specific regulations are as above. Welcome to Legal Savior Network for legal consultation.
