What are the conditions for the applicant to withdraw the application for administrative reconsidera

Under normal circumstances, an administrative reconsideration can be withdrawn by stating the reasons.

Administrative Review Law

Article 25 Where an applicant requests to withdraw an application for administrative reconsideration before an administrative reconsideration decision is made, it may be withdrawn upon explanation of reasons; Where the application for administrative reconsideration is withdrawn, the administrative reconsideration shall be terminated.

Regulations for the Implementation of the Administrative Reconsideration Law

Article 38 Where an applicant voluntarily withdraws an application for administrative reconsideration before the administrative reconsideration decision is made, it may be withdrawn with the consent of the administrative reconsideration body.

Where the applicant withdraws the application for administrative reconsideration, the applicant shall not submit an application for administrative reconsideration again on the same facts and grounds. However, the applicant can prove that the withdrawal of the application for administrative reconsideration is contrary to its true intentions.

According to the provisions of the Administrative Reconsideration Law, the reconsideration organ has the right to decide to revoke or confirm the illegality of the specific administrative act in one of the following circumstances:

1. The main facts are unclear and the evidence is insufficient;

2. Applying the law incorrectly, 3. Violating legal procedures, 4. Exceeding or abusing power, 5. The specific administrative act is obviously improper, 6. The respondent fails to submit a written reply or reply and the evidence, basis and other materials for the specific administrative act within the specified time.

What are the conditions for withdrawing an application for administrative reconsideration?

1) The applicant's withdrawal of the application for administrative reconsideration is entirely voluntary;

2) The applicant must withdraw the application for administrative reconsideration before the reconsideration decision is made;

3) The applicant's withdrawal of the application for administrative reconsideration must be approved by the Administrative Reconsideration Division of the Patent Office.

The conditions for the applicant to withdraw the application for administrative reconsideration are: (1) the subject of withdrawal. The applicant or the person entrusted by the applicant to apply for withdrawal and return the application for administrative reconsideration shall be made by the applicant or the person entrusted by him to apply for administrative reconsideration, and if the applicant is a legal person or other organization, the subject of withdrawal shall also include its legal representative.

2) The withdrawal of the application must be voluntary. (3) The withdrawal of the applicant's application for administrative reconsideration must be made before the reconsideration decision is made.

Legal Analysis: Conditions for the Applicant to Withdraw the Application for Administrative Reconsideration:

1) Withdrawal of Subject. The applicant or his/her authorized person shall apply for the withdrawal of the application for administrative reconsideration, and if the applicant is a legal person or other organization, the subject of withdrawal shall also include its legal representative.

2) The withdrawal of the application must be voluntary.

Legal basis: "Administrative Reconsideration Law of the People's Republic of China" Article 25 If the applicant requests to withdraw the application for administrative reconsideration before the administrative reconsideration decision is completed, it may be withdrawn after the code is explained and reasoned with; Where the application for administrative reconsideration is withdrawn, the administrative reconsideration shall be terminated.

According to the provisions of the Administrative Reconsideration Law, the reconsideration organ has the right to decide to revoke or confirm that the specific administrative act of the reconsideration is illegal under any of the following circumstances:

1. The main facts are unclear and the evidence is insufficient;

2. Wrong application of law;

3. Violation of legal procedures;

4. Exceeding or abusing power;

5. The specific administrative act is obviously improper;

6. The respondent fails to submit a written reply or reply and the evidence, basis and other materials for the specific administrative act within the prescribed time.

Legal basis. Article 25 of the Administrative Reconsideration Law Before the administrative reconsideration decision is made, if the applicant requests to withdraw the application for administrative reconsideration, it may be withdrawn after explaining the reasons; Where the application for administrative reconsideration is withdrawn, the administrative reconsideration shall be terminated.

Regulations for the Implementation of the Administrative Reconsideration Law Article 38 Where an applicant voluntarily withdraws an application for administrative reconsideration before the administrative reconsideration decision is made, it may be withdrawn with the consent of the administrative reconsideration body.