I don’t know what exactly you want to know.
According to Article 9 of the Patent Law, only one patent right can be granted for the same invention and creation.
In real life, if you apply for a utility model and an invention patent at the same time on the same day, if the utility model is authorized first,
If the invention patent application meets the conditions for authorization after actual examination, the examiner will The notice was issued stating that since there is a utility model applied for on the same day that has been authorized, two methods can be used to obtain the invention patent authorization:
Relinquish the utility model patent right that has been obtained. At this time, the utility model patent right must be in a valid state, or be in the annual fee arrears period or other state that can be made valid through payment of fees; at this time, the applicant can only pay the corresponding fees before giving up the utility model patent right. patent. Then, just submit a statement of giving up the utility model patent right; if the utility model patent right is already invalid (it cannot be restored even by paying a fee), you can only choose the following 2:
2. Modify the claims of the invention patent right so that there are no technical solutions with the same protection scope for the invention and utility model.
Did it solve your problem?