The patent law of our country implements the principle of patent application first, so patent application mainly embodies the principle of patent application first, so if the patentee has his own patent technical suggestions, he should seize the time and apply in secret; When the patentee applies for a patent at the same time, it will negotiate according to the specific situation of the patentee. If negotiation fails, the patent may not be granted. At present, there are two ways to deal with this situation in the world. The principle of applying for a patent is to apply first, or to complete the invention before applying.
What is the same invention-creation in Article 9 of the Patent Law should be distinguished from the way of judging novelty: two patent applications or patent claims for inventions or utility models should be compared; When judging, if the claim of one application has the same protection scope as the claim of another application, it is considered to be the same invention-creation; In addition, China also has provisions on the defense of patent preemption.