Can the appearance patent and utility model patent be applied at the same time?

Utility model and appearance patent can be applied at the same time. According to relevant laws and regulations, only one patent right can be granted for the same invention and creation. On the other hand, the same applicant may not apply for a patent for utility model and a patent for invention at the same time on the same day. However, there is no stipulation that you cannot apply for a utility model and an appearance patent at the same time.

legal ground

Article 9 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

The same invention can only be granted a patent right. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.

Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.