Can I use the utility model patent that others have no right to use (without paying the annual fee) to continue to apply for the use of the new patent?

You can't apply for a patent for utility model just because others haven't paid the annual fee. Because the utility model patent has three characteristics: novelty, creativity and practicality. However, this patent has been applied before, and the information has been made public, which does not conform to novelty. So it is impossible to apply for the same utility model patent, but you can apply for a new utility model patent on the basis of this patent.

The patent for utility model, also called small invention or small patent, is the object of patent right and the object of patent law protection, and refers to the utility model that should be granted patent right according to law. Utility model usually refers to a new practical technical scheme for the shape, structure or combination of products.

The main features of the utility model are as follows: First, the utility model patent only protects the product. Products should be manufactured by industrial methods and occupy a certain space. All related methods (including the use of products) and natural objects that have not been artificially manufactured are not protected by utility model patents. Second, the creativity of the utility model is not too high, but it is very practical and of great practical value. Third, protect patent rights by simplifying the examination and approval procedures, shortening the protection period and lowering the charging standards.