How to handle an expired patent application: If a patent application has expired, the party concerned shall register the termination of the patent right with the Patent Administration Department of the State Council. And cannot apply for renewal. According to relevant legal provisions, the term of utility model patent rights is ten years, the term of design patent rights is fifteen years, and the term of invention patent rights is twenty years, all calculated from the date of application.
Legal Basis
Article 42 of the Patent Law of the People's Republic of China
The term of invention patent rights is twenty years. The term of a new type patent right is ten years, and the term of a design patent right is fifteen years, both calculated from the date of application.
Article 43
The patentee shall pay annual fees starting from the year when the patent right is granted.
Article 44
Patent rights shall be terminated before expiration in any of the following circumstances:
(1) Failure to pay annual fees as required
(2) The patentee has given up its patent rights in a written statement.
If the patent right is terminated before the expiration of the term, it shall be registered and announced by the patent administration department of the State Council.