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ARTICLE · 02 MARCH 2020

Tips For Patent Withdrawal Procedure In China

Patent withdrawal refers to the applicant withdrawing the patent application from the CNIPA after filing the patent application but before the granting of a patent right.

ChinaIntellectual Property

Patent withdrawal refers to the applicant withdrawing the patent application from the CNIPA after filing the patent application but before the granting of a patent right. There are two types of patent withdrawal: active withdrawal and passive withdrawal.

After filing the application but BEFORE the granting of a patent right

The emphasis here is on the time range of the withdrawal:

1)The first point in time, after filing the patent application

Filing an application is like a formal way to establish an official relationship between applicant and patent. Although the relationship is established before the CNIPA, the applicant still has the freedom to dump patent application at any time, that is, to withdraw the patent application.

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