Can a technology apply for an invention patent and a utility model patent at the same time and withdraw the utility model?
For the same technology, an application for a patent for invention and an application for a patent for utility model can be filed on the same day. In general, utility models are authorized only through formal examination. An application for a patent for invention may be amended during the actual trial. If the claim of the modified invention is different from the claim of the utility model, there is no need to withdraw the utility model. Where an application for a patent for invention is the same as the claim for utility model, a waiver statement of utility model shall be submitted as required by the examiner.