Can I apply again after the patent expires?

Legal analysis: the invention or utility model for which a patent is applied must comply with the provisions of Article 22 of the Patent Law. Obviously, it is not in conformity with the novelty and creativity stipulated in Article 22 of the Patent Law to apply again after the expiration of the invention or utility model. The most straightforward thing is that the existing technology cannot apply for a patent; If the patent right of design has expired, you cannot continue to apply for protection. The design applying for a patent needs to comply with the provisions of Article 22 of the Patent Law, that is, the design that must be applied for cannot be an existing design, and the previous design patent right has expired, which obviously constitutes an existing design that has been applied for again.

Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.