According to the provisions of the patent law, the patent right cannot be renewed after its expiration.
The patent right has a time limit, and the time limit of the patent right is counted from the date of application. According to Article 45 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, all of which are counted from the date of filing. Therefore, if the patent right expires without renewal, the patented technology will become public property, and anyone can use the patented technology for free after the patent expires. Therefore, in order to keep ahead in technology, we must constantly innovate, and we cannot lie on a patent all our lives.
In particular, according to the current laws of our country, the patent right cannot be renewed when it expires, but the trademark right can be renewed after it expires, which is also an important difference between trademark right and patent protection.
Legal objectivity:
patent law of the people's republic of china
Article 45
Since the date when the patent administrative department of the State Council announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the relevant provisions of this Law.