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Patent Law: Article 9 Only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted.
If two or more applicants apply for a patent for the same invention, the patent right shall be granted to the person who applies first.