Hello, the situation you mentioned is normal, and the patent law also has special provisions on it. For patents with the same technical characteristics, the patent right shall be granted to the first applicant. But this problem is very complicated and can be discussed from three aspects: first, if two people apply for invention patents, then only one person will be authorized in the end; 2. Where both of them apply for a utility model, the Patent Office shall authorize it first, but the earlier applicant or other interested parties may request that the latter patent for utility model be declared invalid; Three, if an invention application, an application for utility model, then it depends on who applied first, the first invention application, maybe both patents will be authorized, but then the patent can be invalid, if the first utility model application, then the invention patent will not be authorized. The above situation is mainly due to the different examination systems of invention and utility model patents in China.
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