专利转让与撤回/放弃, 请大牛指导！

鱼儿姐姐上来就是一个这么难的
@bingfeng @InnoPatman at大佬

吃瓜群众  来学习

Patentability assessment adopted in China is basically in line with that of European patent practice. As you make sense, only after being granted and published, a design could constitute a prior art reference possibly cited by Chinese Examiner against a patent application filed later (either design patent application or utility patent application).

Specially, if the client don’t wish the pending designs you mentioned to constitute the prior art, we suggest to actively withdraw those pending designs upon a Declaration to Withdraw executed by the effective applicant (no official fee, only attorney fee). Kindly note, once withdrawal request is approved by CNIPA, the right can not be revived any more.   

On the other hand, for designs already granted and published as an existing technology, it might constitute obstacles for the client’s or others’ new design applications in the future. Nevertheless, transfer information, previous/current owner, doesn’t matter, as the patentability assessment adopted in China doesn’t care whether or not the ownership is the same or different between the examined application and prior patent.