When you say that both have patents, you mean that the appearance has been declared, right? If both have been declared, then it is a matter of review by the Patent Office. The two appearances must be similar, and they are similar. The degree is very high. If one party applies for it, the other party will certainly not be able to do so. However, sometimes the patent office is negligent because they review it manually. Therefore, if both parties have already applied for a patent, the party that applied first can file a patent application. If the Patent Office rejects the patent rights request of the later applicant, the Patent Office will reject the patent rights of the later applicant as invalid after judgment. My customers have also encountered this situation. I hope my answer can help you