Can I apply again after the patent is terminated?

Can I apply again after the Patent is terminated? The editor of Legal Savior Network has brought the following legal knowledge through your questions. I hope it will be helpful to you.

Can I apply again after the patent is terminated?

After the patent right is terminated, The same patent cannot be applied for again. Because after the patent rights are terminated, the patented technology will be disclosed, and subsequent applications for the same patent will lose its novelty. The conditions for granting patent rights are that the patent must have novelty and inventive step.

In my country, patents have two meanings:

1. The use in spoken language only refers to "exclusive possession". For example, "This is just my patent."

2. It has three meanings in intellectual property and is relatively easy to confuse, including:

First: Patent right refers to the patent right enjoyed by the patentee, that is, the state grants the patentee or his successor the exclusive right to use his invention and creation within a certain period of time in accordance with the law. The emphasis here is on rights. Patent right is an exclusive right, which is exclusive and exclusive. If a non-patentee wants to use the patented technology of others, he must obtain authorization or permission from the patentee in accordance with the law.

Second: refers to inventions and creations protected by patent law, that is, patented technology, which is a proprietary technology recognized by the country and legally protected on the basis of disclosure. . "Patent" here specifically refers to technology or solutions protected by national law. (The so-called proprietary technology refers to technology that enjoys exclusive rights. This is a larger concept, including patented technology and technical secrets. Certain professional technologies that do not belong to patents and technical secrets are only available in certain technical service contracts. Meaning.) A patent is an invention-creation protected by legal norms. It refers to an invention-creation that submits a patent application to the national examination and approval authority and is granted to the patent applicant within the time specified in the country after passing the examination and approval in accordance with the law. It enjoys exclusive rights and requires regular annual fees to maintain this state-protected status.

Third: refers to the patent certificate issued by the Patent Office confirming the applicant's patent rights for his invention or creation or the patent document recording the content of the invention and creation, refers to the specific material document.

"Patent Law"

Article 2 What is referred to in this law Inventions and creations refer to inventions, utility models and designs.

Invention refers to a new technical solution proposed for a product, method or improvement thereof.

Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.

Appearance design refers to the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern that is aesthetically pleasing and suitable for industrial applications. new design.

The above is the relevant answer. The state encourages invention patents. As long as there are patents, national enterprises will be stronger. Patents have a validity period after application. After this time, the patent can only be terminated, but it does not mean that the inventor cannot apply for other patents. If you have any legal questions, you can consult a lawyer on the Legal Savior Network.