What will happen after the patent expires?

Patents are only valid within the time limit prescribed by law. After the expiration of the effective protection period of the patent right, the patent right enjoyed by the patentee will be automatically lost and generally cannot be renewed.

According to the provisions of Articles 39 and 40 of the Patent Law, the patent right shall take effect from the date of authorization announcement.

Since the patent application must be examined by the Patent Office to obtain the patent right, it will take some time from the application date to the announcement of authorization by the Patent Office.

The effective period for the patentee of invention patent to actually get legal protection must be less than 20 years, and the effective period for the patentee of utility model and design patent to actually get legal protection must be less than 10 years.

In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:

(a) failing to pay the annual fee in accordance with the provisions;

(2) The patentee waives his patent right in writing.

In both cases, the patent is terminated. Of course, there is a third situation, that is, the patent expires and the protection naturally terminates. The protection period of a patent is shorter than that of a patent. The start date is the date of patent application, and the end date depends on the patentee, but the longest time is until the end date of the patent term.

Baidu Encyclopedia-Patent Terms