It is impossible to apply for the patent right of utility model for another ten years, counting from the date of application. The termination of the patent right is based on the reasons for its termination:
(1) Expiration of the term: the patent right for utility model or design lasts for ten years from the date of application and terminates according to law.
(2) Termination without payment: If the patentee fails to pay the annual fee and overdue fine in full as required, the patent right shall be terminated from the expiration date of the previous year.
What should I do after the patent right of utility model expires? When the patent expires, there are different remedies in different time periods.
1. 1 within 0 months after expiration.
If the patentee fails to pay the annual fee within the time limit or fails to pay it in full, there will be a delay period of 1 month, and the annual fee will be paid in time within the delay period, and there is no need to pay additional late fees.
2. 2-6 months overdue
Those who fail to pay the annual patent fee for more than 1 month will receive a notice of payment issued by the patent administration department, which will carefully list all the fees that the patentee should pay, including annual fees and late fees.
As for the late payment fee, if the patent fails to pay the annual fee for 2-6 months, it shall pay 5%, 10%, 15%, 20% and 25% of the annual fee of the current year as late payment fees respectively.
3. More than 6 months
If the annual patent fee is not paid for more than 6 months, the patent termination notice will be received, but the patentee can still keep his patent right.
At this time, the patentee can pay the annual patent fee, 25% late payment fee and 1000 yuan patent restoration fee on time within 2 months after receiving the notice, and then submit an application for right restoration.
: Can I reapply if the patent is invalid?
From the perspective of patent law, invalid patents belong to the existing technology and it is impossible to apply for patents.
Because utility model and appearance patents are only preliminarily examined, as long as the application format is correct, they will basically be authorized (the examination has become more and more strict recently), and it is still possible to apply repeatedly.
However, due to the unstable state of the patent, it is easy to fail and has little significance, so it is not recommended to implement it.
Legal basis:
According to Article 42 of the Patent Law, the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 years, both of which are counted from the date of filing.
According to Article 43 of the Patent Law, the patentee shall pay the annual fee from the year when the patent right is granted.
According to the provisions of Article 44 of the Patent Law, in any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
1. Failing to pay the annual fee as required;
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.
According to the provisions of Article 45 of the Patent Law, any unit or individual may request the Patent Reexamination Board to declare the patent invalid if it thinks that the grant of the patent right is not in conformity with the relevant provisions of this Law from the date when the patent administrative department of the State Council announces the grant of the patent right.