Does the new model have to maintain the patent right before applying for invention authorization on the same day?
Before applying for invention authorization on the same day, the new model must maintain the patent right. According to the provisions of Article 9 of the Patent Law, if two or more applicants apply for a patent for the same invention and creation on the same day, they shall determine the applicant through consultation after receiving the notice from the patent administration department of the State Council, and if the same applicant applies for a patent for utility model and an invention patent for the same invention and creation on the same day (only referring to the actual application date).