What should I do after the patent 10 expires?

Legal analysis: After the patent of 10 expires, there is no other way but to terminate the patent right. Generally speaking, the patent right that expires in ten years refers to the patent right of utility model, and its validity period is calculated from the date of application. After the patent right expires, anyone can implement open technology for free.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year.

Article 43 The patentee shall pay the annual fee from the year when the patent right is granted.

Article 44 In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:

(a) failing to pay the annual fee in accordance with the provisions;

(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.