Analysis:
The patent right cannot be extended after its expiration. In July of 200 1 year, China implemented the new patent law, stipulating that the protection period of patent right is longer than that of the original patent law. Therefore, according to the original patent law, the authorized invention patent is still valid, and its protection period is correspondingly extended, which belongs to People's Republic of China (PRC) and China National Intellectual Property Administration Announcement (No.80). Excerpts from the announcement are as follows:
In order to fulfill the provisions of Article 70 of the Agreement on Trade-related Intellectual Property Rights (TRIPS) of the World Trade Organization, the following provisions are made for the extension of the term of some invention patents:
1. For the invention patent right filed in the former China Patent Office before 1 99265438+February 3 1 day (including that day, the same below) and valid until 200165438+February1day, the patent term is extended to the date of filing.
2. Where the term of the above-mentioned invention patent right is extended, the patentee shall pay the annual fee in accordance with Article 95 of the detailed rules for the implementation of the current patent law.
Apply to the former Chinese Patent Office for198611February to19871October1February to 20065438 65438. The patentee shall pay the annual fee of 1 6 before June 65438+ 10/2002, and the annual patent fee of 16 to the 20th year is 8,000 yuan per year.