You should apply for other patents after expiration. Once the patent expires, no further application can be made, and the patentee can apply for another patent. Patent rights, referred to as patents, are the exclusive rights to implement specific inventions and creations that the inventor or his or his assignee enjoys within a certain period of time. It is a type of intellectual property rights.
Legal Analysis
The validity period of utility model and design patents is 10 years. After expiration, the patent will become invalid because the patent should have novelty, creativity and practicality. After ten years Products will also gradually be eliminated, and new patent applications need to be submitted for continuous improvement of products. To apply for an invention patent or utility model patent, submit a request, description, abstract, claims and other documents. The request shall state the name of the invention or utility model, the name of the inventor or design, the name and address of the applicant, and other matters. The description shall give a clear and complete description of the invention or utility model, and when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and describe the scope of patent protection required. Patent rights refer to the patentee’s right to exclusively use, profit from, and dispose of his invention and creation within the scope prescribed by law, and to exclude interference from others. Patent rights are time-based, territorial and exclusive. In addition, patent rights also have the following legal characteristics: (1) Patent rights are two rights in one, including personal rights and property rights. (2) The patent right must be granted by the Patent Office. (3) The occurrence of patent rights is predicated on the disclosure of invention results. (4) Patent rights are exploitable. If the patentee does not implement or allow others to implement his patent, the relevant departments will take compulsory licensing measures to make full use of the patent.
Legal Basis
Article 42 of the "Patent Law of the People's Republic of China" The term of invention patent rights is twenty years, and the term of utility model patent rights is ten years In 2017, the term of design patent rights is fifteen years, calculated from the date of application. If the invention patent right is granted after four years from the date of application for the invention patent and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, resolve the unreasonable delay in the authorization process of the invention patent. Compensation is granted for the duration of the patent right, except for unreasonable delays caused by the applicant. In order to compensate for the time taken up by the review and approval of new drugs, for invention patents related to new drugs that have been approved for marketing in China, the patent administration department of the State Council will provide compensation for the duration of the patent rights at the request of the patentee. The compensation period shall not exceed five years, and the total effective patent period after the new drug is approved for marketing shall not exceed fourteen years.