Can others apply again after the patent expires?

Legal analysis: the patent is invalid and others can't apply again. Invalid patented products are no longer protected. Since the invalid patent has been patented and made public, the re-submitted patent application is not novel. However, an invention-creation that is improved on the basis of the original patent may be granted a patent right after applying for a patent.

Legal basis: Article 6 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) * * * Where a party delays the time limit specified in the Patent Law or these Detailed Rules or the time limit specified by the patent administration department of the State Council due to irresistible reasons, resulting in the loss of his rights, he may request the patent administration department of the State Council to restore his rights within two months from the date when the obstacle is removed, or at the latest within two years from the date when the time limit expires. In addition to the circumstances specified in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department in the State Council for other legitimate reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date of receiving the notice from the patent administration department in the State Council. If a party requests the restoration of rights in accordance with the provisions of the first paragraph or the second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be handled before losing the rights; In accordance with the provisions of the second paragraph of this article, those who request the restoration of their rights shall also pay the fees. Where a party requests to extend the time limit specified by the patent administration department in the State Council, it shall explain the reasons to the patent administration department in the State Council before the expiration of the time limit and go through the relevant formalities. The provisions of the first and second paragraphs of this article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 68 of the Patent Law.