The first paragraph of this article also makes an exception to the principle of "one invention creates one patent", that is, if the same applicant applies for a patent for utility model and an invention patent at the same time on the same day, and the patent for utility model obtained first has not been terminated, and the applicant abandons the patent for utility model, the invention patent may be granted. The patent law has three requirements for invention and utility model, all of which can be applied to product innovation, but the law has different requirements for its creativity. For utility model patents, the requirement of creativity by law is "substantial characteristics and progress" compared with the existing technology; For invention patents, the law requires that their creativity "has outstanding substantive characteristics and remarkable progress" compared with the existing technology. Therefore, as far as a product-oriented technological innovation is concerned, when applying for a patent, the parties concerned have the right to seek patent protection for inventions or utility models respectively according to law, but the applicant has to bear the risk that the invention patent can not be authorized because the degree of creativity can not meet the invention patent standards stipulated by law. The first paragraph of this article allows the same applicant to apply for a patent for utility model and an invention patent at the same time on the same day, which is a respect and confirmation of the parties' right to choose. In the practice of patent examination, because the application for a patent for invention needs substantive examination, it takes a long time and the authorization is relatively late; However, the application for a patent for utility model is not examined in substance, which takes a short time and is authorized relatively early. However, if two patents for utility model and invention are granted to the same invention-creation by the same applicant, the applicant's rights will be improperly expanded, which violates the principle of fairness and the principle of "one invention creates one patent". Therefore, in view of the fact that the legal protection period of the utility model patent is shorter than that of the invention patent, and the utility model patent obtained for the first time in this paragraph has not been terminated, if the applicant abandons the utility model patent, the invention patent may be granted. This is not only conducive to respecting and maintaining the applicant's patent application right and choice, but also conducive to maintaining a fair social order and preventing patent applicants from improperly expanding their own interests through the overlap of patent rights and their legal protection periods.