What about the invention patent applied for that day?

Method of applying for patent on the same day: Under normal circumstances, after receiving the notice, both parties agree to confirm the applicant by themselves. Where the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, it shall separately state at the time of application that another patent has been applied for the same invention.

legal ground

Article 41 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC).

Two or more applicants on the same day (referring to the date of application; Where there is priority, it refers to the priority date), where an application for a patent for the same invention-creation is filed, the applicant shall be determined through consultation after receiving the notice from the patent administration department of the State Council.

Where the same applicant applies for a patent for utility model and a patent for invention on the same day (the date of filing), it shall separately state that he has applied for another patent for the same invention-creation; If there is no explanation, it shall be handled in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right can be granted to the same invention-creation.

The patent right for utility model shall terminate as of the date of announcement of the patent right for invention.