Article 9 of the Patent Law stipulates that only one patent right can be granted for the same invention. However, if the same applicant applies for a utility model patent and an invention patent at the same time on the same day, and the first utility model patent has not been terminated, and the applicant abandons the utility model patent, the invention patent may be granted.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.
Article 11 After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, they may not manufacture, use, promise to sell, sell or import the patented product for production and business purposes, or use the patented method or use, promise to sell, sell or import the product directly obtained by the patented method.
After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, promise to sell, sell or import its patented products for production and business purposes. /upload/f/20 19 10/23/ 102559235 . jpg