What if someone applies for the same patent as me during the patent application period?

Lu Wang (patent agent):

If you apply for this patent before others, you will protect your patent.

When a patent is granted to the first applicant, there are two situations in which others apply.

1. When someone else submits an application, the patent you applied for earlier has not been published, and you may grant him a patent right. However, when there is a conflict of interest, the patent right may expire according to your earlier application, that is, the application of others will be useless in the end.

2. When others apply, your previous application has been publicized. If there is an invention patent, the Patent Office will conduct a comparative search review and generally will not authorize it; Utility model patents may still be authorized because they don't need to be searched and compared before authorization, but as before, once there is a conflict of interest, only the patents applied for first will be protected.