Can you reapply for a patent that has expired?

Patent rights have expired due to failure to pay annual fees or other reasons. After the patent rights have expired, some people want to restore these patent rights. Many people hope that the expired patent rights can be applied for restoration as soon as possible, but they do not know the specific time for restoration application. Can you reapply for a patent that has expired? Please follow the editor of Legal Savior Network to learn more below.

Can I reapply for a patent that has expired?

Expired patented products are no longer protected. Because the expired patents have already obtained patent rights and have been disclosed to the public, the resubmitted patent application does not have novelty. However, for inventions and creations that have been improved on the basis of the original patent, any inventions and creations that meet the conditions for granting patent rights may be granted patent rights after applying for a patent.

According to Article 6 of the "Patent Law Implementing Regulations"

The party delays patent law due to force majeure reasons If the time limit stipulated in these rules or the time limit specified by the patent administration department of the State Council results in the loss of rights, a request may be made to the patent administration department of the State Council within 2 months from the date when the obstacle is eliminated, and at the latest within 2 years from the date of expiration of the time limit. Restoration of rights.

Except for the circumstances stipulated in the preceding paragraph, if a party delays the time limit stipulated in the Patent Law or these Rules or the time limit specified by the Patent Administration Department of the State Council for other legitimate reasons, resulting in the loss of its rights, it may voluntarily receive a notice from the Patent Administration Department of the State Council. Notice from the departmentRequest to the Patent Administration Department of the State Council for restoration of rights within 2 months from the date of filing.

The parties shall comply with paragraph 1 or 2 of this article If a person requests the restoration of rights according to the provisions of paragraph 2 of this article, he shall submit a request for restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be completed before the loss of rights; if he requests the restoration of rights in accordance with the provisions of paragraph 2 of this article, he shall also Pay the rights restoration request fee.

The party requested to extend the time limit specified by the Patent Administration Department of the State Council If so, the reason shall be explained to the patent administration department of the State Council and the relevant procedures shall be completed before the expiration of the time limit.

The provisions of paragraphs 1 and 2 of this article The time limits specified in Articles 24, 29, 42 and 68 of the Patent Law shall not apply.

After the patent right expires, if the party feels that there is If necessary, you can apply for restoration of it, but the specific application for restoration should be processed based on the specific time. When your patent rights expire and you want to apply for restoration but you don’t know what to do, it is recommended that you consult a lawyer on Legal Savior Online.