Expired patents are not transferable.
The annual patent fee shall be paid from the date of patent application. The annual fee for the year in which the patent right is granted shall be paid within the time limit specified in the notice of granting the patent right issued by the Patent Office, and the annual fees for subsequent years shall be paid in advance within one month before the expiration of the previous year. If the fee is not paid within one month before the expiration, the patent office will also give a grace period of one month. If the payment is not made within one month after the expiration, the annual patent fee shall be postponed.
There is no need to pay a late fee for the annual patent fee that is overdue for one month. A late fee of 5% of the full annual fee will be generated from the second month after the expiration, and the Patent Office will also issue a notice of payment, which will be increased month by month until the sixth month after the expiration. Note: As long as the patent standard annual fee and annual fee late fee are paid within six months after the patent annual fee expires, the patent is still valid and will not cause any problems. All three kinds of patents can enjoy the annual fee reduction policy within 10 years from the year of patent grant.
However, after the annual patent fee expires for more than six months, there will be a patent restoration fee. At present, the patent restoration fee is 65,438 yuan+0,000 yuan, and the patent termination notice will be issued about seven months after the expiration. At this time, many people think that the patent right will really be terminated, but it is not, and it can be recovered. Note: According to Paragraph 2 of Article 6 of the Detailed Rules for the Implementation of the Patent Law, you can also request the Patent Administration Department of the State Council to restore your rights within two and a half months from the date of receiving the notice (notice of termination of patent right) from the Patent Administration Department of the State Council. At this time, as long as the patent standard annual fee, annual fee late fee and recovery right request fee are paid within 2 and a half months after receiving the patent termination notice, then the patent right can be restored.
Finally, if the above fees are not paid within two and a half months after receiving the notice of patent termination, then the patent right will be terminated because of the failure to pay the annual fee, which is irreversible and completely becomes a "public patent".