Can I re apply for a patent that has lapsed?

Expired patented products are no longer protected. Because the invalid patents have already been patented and have been disclosed to the public, the refiled patent application is not novel. However, if the invention or creation is improved on the basis of the original patent, the invention may be granted after applying for a patent.

You can apply for it, but there is no novelty so it can't be authorized, and you can't get a certificate. It is suggested that the original technology or scheme can be improved before applying.

Legal Analysis: No. Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

Novelty, no unit or individual Fanhui has filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date. The invalid patents have all been patented and have been disclosed to the public, and do not have novelty.

Legal basis: Article 22 of the Patent Law of the People's Republic of China for which a patent right is granted shall be novel, inventive and practical. Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that compared with the existing technical lithography, the invention has outstanding substantive features and significant progress, and the utility model has substantial characteristics and progress. Utility means that the invention or utility model can be manufactured or used and can produce positive effects. For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

If the patentee fails to apply within the time limit, the patent right will eventually be lost; Unless the patentee fails to comply due to force majeure or his relatives for legitimate reasons. The termination of the patent right refers to the expiration of the term of patent protection or the expiration of the patent right for some reason.

Legal basis: Patent Law of the People's Republic of China Article 44 The patent right shall be terminated before the expiration of the term under any of the following circumstances:

1) Failure to pay annual fees in accordance with regulations;

2) The patentee renounces its patent right by a written statement.

If the patent right is terminated before the expiration of the term of the patent right, it shall be registered and announced by the patent administration department.

HelloFor invalid patents, if they cannot be applied for under normal circumstances, they cannot be applied for if they are disclosed technology, unless the technology is improved, and the improvement scheme is searched separately.

In addition,Lapsed patents have two other effectsAs follows:

1: Any unit or individual can use it free of charge, so as to obtain economic benefits. As one of the industrial property rights, patent right is the exclusive right granted by the Patent Office to the inventor or designer of his or her invention.

Patent right is a kind of property right, which is exclusive, and no unit or individual may exploit its patent without the permission of the patentee. Invalid patents lose this right, that is, they lose the protection of the patent law, and any unit or individual can use them free of charge.

2: Any unit or individual can improve the invalid patent free of charge and implement it. In the ** of the patent license, there is a way:

An agreement needs to be reached between the patentee of the original invention and the patentee who improves the invention, because the improver is an improvement made on the basis of the original invention, and the improver must pay a certain royalty to the original inventor for the use of the patented technology in the process of implementation (including self-implementation and technology transfer).

The first utility has in common with the second utility in that anyone can use the invalid patent for free. Differences: the first utility, anyone directly enforces the invalid patent; The second utility is to improve the invalid patent before it is implemented.

Since there is no restriction on patent application in China, only the patent authorization is limited, so the invention that has been applied for can be applied.

However, in this case, the second application has lost its novelty and does not meet the essential characteristics of the patent because it has been applied for before, so the patent will be invalidated in the grant procedure and will be deemed to have not existed ab initio.

To be clear, you can apply for whatever you want, it's your right, but it's another thing to authorize or not.

The Patent Law stipulates that the grant of a utility model needs to meet the requirements of novelty and inventive step, in short, it is the degree of innovation, and the innovation is high enough to be authorized.

In particular, as long as the prior technology is disclosed, it can be used to evaluate subsequent applications, regardless of whether the prior technology is your own or someone else's.

However, under the current examination system, a utility model patent can be granted without going through a substantive examination by only conducting a preliminary examination and a simple novelty examination, so even if you apply for a utility model again, it is possible to obtain an authorization, but the stability of the patent obtained is very poor, and it is easy for someone to invalidate it.

Can a patent be reinstated after lapse?

Yes, if a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department due to force majeure, resulting in the loss of its rights, it may request the patent administration department for restoration of its rights within 2 months from the date of removal of the obstacle and at the latest within 2 years from the date of expiration of the time limit.

Detailed Rules for the Implementation of the Patent Law

Article 6 Where a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department due to irresistible reasons, resulting in the loss of its rights, it may apply to the patent administration department for restoration of its rights within 2 months from the date of removal of the obstacle and at the latest within 2 years from the date of expiration of the time limit.

In addition to the circumstances provided for in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department for other legitimate reasons, resulting in the loss of its rights and profits, it may request the patent administration department to restore its rights within 2 months from the date of receipt of the notice from the patent administration department.

Where a party requests restoration of rights in accordance with the provisions of paragraph 1 or 2 of this article, it shall submit a written request for restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding formalities that should be completed before the loss of rights; Where a request for restoration of rights is made in accordance with the provisions of paragraph 2 of this article, a fee for the restoration of rights shall also be paid.

If a party requests an extension of the time limit designated by the patent administration department, it shall explain the reasons and go through the relevant formalities to the patent administration department before the expiration of the time limit.

Legal analysis: The way to restore the patent right after the expiration of the patent is that the party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department due to irresistible reasons, resulting in the loss of its rights, within 2 months from the date of removal of the obstacle, and within 2 years from the date of expiration of the time limit at the latest, it may request the patent administration department to seek restoration of rights.

Legal basis: Patent Law of the People's Republic of China Article 3 The administrative department of the patent industry section is responsible for managing the patent work of the whole country, accepting and examining patent applications, and granting patent rights in accordance with the law. The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions.