What are the effects of a patent application being withdrawn or deemed withdrawn
The patent application is withdrawn or deemed withdrawn The effectiveness is mainly reflected in two aspects:
Firstly, The second is the effect on this application, and the second is the effect on other applications.
For this application, this application has no effect. The Patent Office terminates any examination proceedings for the application. However, even if the applicant withdraws his application before the publication of the invention patent, if the Patent Office is ready to publish the application when it receives the statement of withdrawal of the invention patent application, the Patent Office will still publish the application. At the same time, the statement of withdrawing the patent application will be published in the Patent Gazette in a later publication.
If an invention patent application has not been published because it was withdrawn or deemed to have been withdrawn, it does not constitute a conflicting application for other subsequent applications on the same subject, that is, the subsequent application will not be lost because of it. Novelty.
If an invention patent application is withdrawn or deemed to be withdrawn after publication, the content of the application becomes prior art and can be used by anyone. For the same application filed before the invention patent application is published later, In terms of terms, the invention patent application is still a conflicting application with the later application, thereby causing the latter to lose its novelty. If the patent application is withdrawn or deemed to be withdrawn, if the application is a single application for the relevant subject matter. The applicant can file an application for the same The subject matter is used as the basis for priority to apply for patents at home and abroad and claim priority.
"Patent Law"
Article 35 Within three years from the date of application for an invention patent, the patent administration department of the State Council may conduct a substantive examination of the application based on the request made by the applicant at any time; if the applicant fails to request a substantive examination beyond the time limit without justifiable reasons, the application shall be deemed invalid. is deemed to be withdrawn.
The Patent Administration Department of the State Council believes that When necessary, you can conduct substantive examination of the invention patent application yourself.
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