IPRdaily introduction: Recently, there have been reports of abnormal patent applications from Jiangsu, Sichuan, Jiangxi, Guangdong and other provinces in the intellectual property circle. According to China Intellectual Property News, as of the morning of March 17, 2021, 60 percent of the abnormal patent applications reported in this notification had been withdrawn by the applicants. So, "How do you identify an abnormal patent application? How to withdraw an abnormal patent application? Can I get a refund after I withdraw my application? How do I get a refund?" And other issues are also placed in front of the applicant. Recently, the National Knowledge Bureau responded to these questions through the interactive website.

What is an abnormal patent filing?

Question content: recently received our city Patent Office notice, in the patent application has "abnormal patent application", I do not know what is the abnormal patent application? How to write the fact sheet in case of a complaint? Are there specific requirements, formats, etc. in the process of appeal?

Answer: Hello, if you have any objection to the conclusion of our bureau, you can prepare a detailed statement of opinion and sufficient written evidence and submit it to our bureau through the intellectual property administration departments at the provincial level.

How to Apply for Withdrawal?

Question content: specific procedure?
Answer: Hello, before the patent right is granted, the applicant can take the initiative to withdraw his patent application at any time. Where an applicant withdraws an application for a patent, it shall submit a "Statement for Withdrawal of Patent Application", together with supporting documents showing that all the applicants have signed or sealed the withdrawal of the patent application, or only a "Statement for Withdrawal of Patent Application" signed or sealed by all the applicants shall be submitted. Where a patent agency is entrusted, the formalities for the withdrawal of the patent application shall be handled by the patent agency, and the supporting documents supporting the withdrawal of the patent application with the signature or seal of all the applicants shall be attached.
Withdrawal of an application for a patent shall not be subject to any conditions.
The declaration of withdrawal of an application for a patent is made after the application has been edited in the Gazette, and the application documents shall be published or announced as usual, but the examination procedures shall be terminated.

How to withdraw a patent?

How to withdraw the applied invention patent and utility model patent 2. Can the fee paid when applying be returned
Answer: Before the grant of the patent right, the applicant may withdraw his patent application at any time. Where an applicant withdraws an application for a patent, it shall submit a declaration for the withdrawal of the application for a patent, together with supporting documents showing that all the applicants have signed or sealed the withdrawal of the application, or only a declaration for the withdrawal of the application for a patent signed or sealed by all the applicants shall be submitted. Where a patent agency is entrusted, the formalities for the withdrawal of the patent application shall be handled by the patent agency, and the supporting documents supporting the withdrawal of the patent application with the signature or seal of all the applicants shall be attached, or only the declaration for the withdrawal of the patent application with the signature or seal of all the applicants shall be submitted.
Only much pay, wrong pay, the charge that pay again can be returned, the application fee of normal pay cannot be returned.

Abnormal application withdrawal fee

Question content: after the patent is abnormally applied for, take the initiative to withdraw, can you still apply for returning the application fee?
Answer content: Hello: only overpay, wrong pay, pay again fees can be refunded, the normal payment of the application fee is not refunded.
Withdrawal of application for refund
Can the application fee be refunded if the patent is withdrawn?
Answer content: Hello: only overpay, wrong pay, pay again fees can be refunded, the normal payment of the application fee is not refunded.

Source: China IP Today