What is patent duplication? How is the validity determined?

When we apply for a patent, we may encounter such a situation that the patent and other people's applications are duplicated, but how to judge this duplication? Through this article, we introduce what patent copying is and let you know the result. 1. Invention patents repeatedly authorize inventions and utility models to protect new technical solutions, while design patents protect new designs of products. Therefore, it is difficult to copy patents between inventions, utility models and designs. Invention patents include both product inventions and method inventions, while utility model patents only protect product inventions. Because both of them are technical solutions to protect new technologies, there may be duplicate patents between inventions and utility models, which may easily fall into the scope of the same invention and creation. What is the same invention? Formally, it should include three situations, that is, applying for more than two invention patents, applying for more than two utility model patents, or applying for both invention patents and utility model patents for the same invention. After authorization, all three cases belong to the same invention and creation, and have been granted patent rights for many times. From the content point of view, the same invention-creation should mean that the technical content and technical scheme recorded in the claims of two or more patents for invention-creation are the same, not that the names or claims of two or more patents for invention-creation are exactly the same. Of course, the technical contents or technical solutions are the same, including the same written contents recorded in the claims, and also including the equivalence of technical solutions. Second, how to determine the effectiveness of the same invention and creation is repeatedly granted a patent right, and the latter patent right is definitely not in line with novelty. The patent law stipulates that based on the exclusiveness and exclusiveness of patent rights, repeated authorization is not allowed, and its purpose is to protect public interests while protecting patent rights. Once the same invention and creation are allowed to be granted more than two patents in different periods, or two identical inventions and creations can be granted patents successively, it will undoubtedly extend the protection period of the technical scheme, which not only violates the legal restrictions of patent rights, but also harms the public interests and is not conducive to the promotion and transformation of inventions and creations. Regarding the practice of patent application in China, the Patent Office allows the applicant to apply for a utility model patent and an invention patent for the same invention at the same time. It is not against the law that the applicant chooses to give up one of them when authorizing, because the law prohibits granting more than two patents for the same invention instead of applying for more than two patents. Patent right is a kind of private right. Considering the protection strategy, the applicant can apply for a utility model patent and an invention patent for the same invention and creation at the same time, but in the end, they cannot both be granted patent rights.