Can the patent continue to be used after it is terminated?

When the patent is terminated, others can use it. According to the relevant provisions of the patent law, the patent right comes into being from the date of registration and announcement by the patent administration department and ends when the patentee voluntarily gives up and fails to pay the annual fee within the time limit. Therefore, after the termination of the patent, anyone can freely implement the patent.

legal ground

Article 42 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

The term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, both counting from the date of application.

Article 43

The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44

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.

Where the patent right is terminated before the expiration of the time limit, it shall be registered and announced by the patent administration department of the State Council.