The utility model patent has been issued a patent certificate, but it was invalidated because I didn’t know much about the payment at the time. Can I reapply?

You cannot reapply because:

Although utility model does not undergo substantive examination, you may obtain the patent right again, but because of the loss of novelty, you need to use this patent Someone may file an invalidation application for your new patent, and your new patent may be declared invalid again and will not be able to protect you. Therefore, you should restore your original patent rights and do not apply again.

There are different recovery methods depending on how long you have been in arrears. If the time is short, you can pay the annual fee and late fee. If the time is long, you can pay a fee to apply for rights restoration. According to Article 7 of the Implementing Rules of the Patent Law If a party delays the time limit stipulated in the Patent Law and Rules due to force majeure, resulting in the loss of its rights, it may submit a certificate to the Patent Office within 2 months from the date when the obstacle is eliminated, and at the latest 2 years from the date of expiration of the time limit. document requesting reinstatement of the patent.

Therefore, if you can find a way to prove that you were unable to pay due to force majeure within the past two years, such as going abroad, it is still possible to restore the patent rights. .

For specific information, please contact the National Patent Office at 010-62084312, they have the final say.