1. How to revoke a patent application without paying fees
How to cancel a patent application without paying fees To revoke, an application for revocation must be made before the patent is granted, otherwise revocation is not allowed.
"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.
2. What are the conditions for granting patent rights?
According to the Patent Law, patents granted patent rights must possess novelty, creativity and practicality.
Inventions and utility models granted patent rights under Article 22 of the Patent Law of the People's Republic of China shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the existing technology; there is no other entity or individual with the same invention or utility model before the filing date. An application has been filed with the patent administration department of the State Council and recorded in the patent application documents or announced patent documents published after the application date.
Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress. The utility model has substantive features and progress. .
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects.
The prior art referred to in this Law refers to the technology that was known to the public at home and abroad before the filing date.
The unpaid patent application isIt can be revoked, but it needs to be revoked before the patent right is granted. If the patent application meets the three characteristics of novelty, inventiveness and practicality and has been approved for protection by the patent administration department, it cannot be revoked. If you need more legal If you need help, welcome to the Legal Savior Network for legal consultation.
