How to solve the problem that inventions and new applications are carried out on the same day?

If you think about it carefully, you will find that the author made a mistake, did not comprehensively consider the provisions of the patent law before and after, and did not understand the difference between termination and invalidity. Paragraph 1 of Article 9 of the Patent Law stipulates: "Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and an invention patent at the same time for the same invention and creation on the same day, and the previously obtained patent right for utility model has not been terminated, the applicant may grant the patent right for invention. " The author questions the termination and points out what to do if the utility model is invalid before the invention is authorized. In fact, Article 47 1 of the Patent Law stipulates: "The patent right that is declared invalid shall be regarded as nonexistent from the beginning." Since the patent right did not exist from the beginning, it certainly cannot be terminated. Therefore, the invalidation of utility model patent right itself will not affect the authorization of invention patent. Of course, if the utility model is declared invalid because it is not clear, open, novel or creative, the possibility that the invention can be licensed is basically gone, but the reason why it cannot be licensed is not Article 9 of the Patent Law, but other provisions. In addition, is it reasonable that the utility model has not been terminated when Article 9 of the Patent Law requires invention authorization? I think this is reasonable. For whatever reason, such as the expiration of the protection period of 10, or the voluntary waiver of the patentee or the failure to pay the annual fee, the patent right of utility model has been terminated before the invention is authorized. At this time, technology has entered the public domain, and others can use it for free. If the invention patent is granted at this time, it is equivalent to protecting the technology in the public domain, which is obviously unfair to the public. Therefore, the provisions of Article 9 of the Patent Law are reasonable.