Legal analysis: If two or more applicants for a patent for invention apply for a patent for the same invention and creation on the same day, they shall determine the applicants through consultation on their own after receiving the notice from the patent administration department of the State Council. If negotiation fails, the application shall be rejected.
Legal basis: Article 41 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China (referring to the date of filing). Where there is priority, it refers to the priority date), if you apply for a patent for the same invention-creation, you shall determine the applicant through consultation after receiving the notice from the patent administration department of the State Council.
if the same applicant applies for both a patent for utility model and an invention patent for the same invention-creation on the same day (the date of application), it shall separately state that another patent has been applied for the same invention-creation; If there is no explanation, it shall be handled in accordance with the provisions of Article 9 (1) of the Patent Law that only one patent right can be granted for the same invention-creation.
when the patent administration department of the State Council announces the grant of the patent right for utility model, it shall announce that the applicant has applied for a patent for invention at the same time in accordance with the provisions of the second paragraph of this article.
if the application for a patent for invention is found to be rejected after examination, the patent administration department of the State Council shall notify the applicant to renounce the patent right for utility model within the prescribed time limit. Where the applicant renounces, the patent administrative department of the State Council shall make a decision on granting the invention patent right, and announce the applicant's declaration of renouncing the patent right for utility model together with the announcement of granting the invention patent right. If the applicant does not agree to give up, the patent administration department in the State Council shall reject the application for a patent for invention; If the applicant fails to reply within the time limit, it shall be deemed to have withdrawn the application for a patent for invention.
the patent right for utility model shall be terminated as of the date when the patent right for invention is announced.