Under what circumstances will a patent application be considered withdrawn
There are many reasons why a patent application may be considered withdrawn. Now let’s take the more complex invention patent application among the three types of patents as an example to see the reasons why the patent application is considered withdrawn at different stages of patent review.
Causing the patent application to be deemed as The reasons for withdrawal are:
(1) Failure to meet deadlines Pay the patent application fee and printing fee;
(2 ) failed to respond to the patent examiner’s notice of correction on time;
(3) Failure to pay the first application maintenance fee and late payment fee on time;
(4) Failure to submit a request for substantive examination and pay the substantive examination fee on time.
The reasons why the patent application is deemed withdrawn during the substantive examination stage are:
(1) Failure to respond to the patent examiner’s notice of examination opinion on time;
(2) Failure to pay application maintenance fees and late fees on time.
After the patent application is deemed withdrawn, if the applicant does not want to lose the opportunity to apply for a patent, he should resume it Apply for restoration procedures within the right period. If the applicant believes that the patent application is deemed withdrawn due to no fault of his or her own, he should also go through the restoration procedures in a timely manner and then state his opinion to the Patent Department of the State Council. If it is the fault of the Patent Administration Department of the State Council, the State Council The patent administration department will return the right restoration request fee to the applicant.
What should draw special attention to the applicant is the time to pay the application maintenance fee, because the maintenance fee has a late payment period. If the patent application is deemed to be withdrawn because the application maintenance fee and late payment fee are not paid on time, The rights related to the patent application can no longer be restored.
"Patent Law"
Article 36 When an applicant for an invention patent requests substantive examination, he shall submit reference materials related to his invention before the filing date.
If an invention patent application has been filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the application to that country within a specified period for review. Information for search or examination results; if it is not submitted within the time limit without justifiable reasons, the application will be deemed to be withdrawn.
Article 37 If, after conducting a substantive examination of an invention patent application, the patent administration department of the State Council deems that it does not comply with the provisions of this Law, it shall notify the applicant and require it to State your opinions or make modifications to your application within the specified time limit; if you fail to respond within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
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