IJCLP QuestionsCan a Patent applicant withdraw its patent application in India and if yes, how?
IJCLP Staff asked 2 years ago
Can a Patent applicant withdraw its patent application in India and if yes, how?

1 Answers
IJCLP Staff answered 2 years ago
Yes, a Patent application can be withdrawn in the following ways:
a request for the withdrawal of the application can be filed within 15 months of the date of
filing or date of priority, whichever is earlier and accordingly the application will not be
published and be treated as ―withdrawn.
An applicant can withdraw the application before the issuance of the First Examination
Report. However, on withdrawal of the application, applicant can claim a refund of up to
90% of examination fees.
An applicant can withdraw the application any time after its filing but before the grant of
patent by making a request. There is no fee for withdrawing the application. And also there
is no refund of examination fee.