Invalidate someone else's patent

You cannot reapply because:

Although the utility model has not undergone substantive examination, you may regain this patent right, but due to the loss of novelty, the person who needs this patent may file an invalid application for your new patent, so your new patent may be declared invalid again, which can't protect you, so you should restore your original patent right and don't apply again.

There are different ways to recover according to the time when you owe money. Short-term arrears can pay annual fees and late fees, and long-term arrears can apply for restoration of rights. According to the provisions of Article 7 of the Detailed Rules for the Implementation of the Patent Law, if the parties concerned lose their rights due to the delay of the time limit stipulated in the Patent Law and the Detailed Rules due to force majeure, they may submit a certificate to the Patent Office within 2 months from the date when the obstacle is removed, or at the latest within 2 years from the date when the time limit expires, and request the patent to be restored.

Therefore, if you can find a way to prove that due to force majeure, such as going abroad, you can't pay the fee within two years, it is still possible to restore the patent right. .

For details, please consult the State Patent Office 0 10-620843 12. They have the final say.