Can I reapply after the patent expires?
Recently, a customer asked Kebajie Intellectual Property Platform a question: Can I reapply for this patent after the patent right is terminated? Before Bian Xiao answers this question, I need to give you a popular science lesson: Can I reapply after the termination of the patent right? The termination of the patent right refers to the expiration of the patent protection period or the invalidation of the patent right for some reason. What are the main circumstances of patent termination? 1. Failing to pay the annual fee as required; Bajie Intellectual Property Reminder: Patents need to pay an annual fee. If the fee is not paid within the specified time or the amount paid is insufficient, it can be paid back within 6 months from the date of expiration of the annual fee, and the corresponding amount of late fees will be paid at the same time, otherwise the patent right will be lost. 2. The patentee waives the patent right in writing; 3. When the term of patent expires, the patent right shall be terminated. Note: The protection period of invention patent is 20 years, and that of utility model and design is 10 year. Can I reapply after the termination of the patent right? After the termination of the patent right, the same patent may not be applied again. Because after the termination of the patent right, the patented technology will be made public, and the same patent application will have no novelty. The condition for granting a patent right is that the patent must be novel and creative.