Why should we apply for invention and new patent on the same day?
According to Article 9 of the Patent Law, only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted. The detailed rules for the implementation of the Patent Law stipulate that if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day (the date of filing), it shall be clearly stated at the time of application that he has applied for another patent for the same invention. If there is no explanation, it shall be handled in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right can be granted to the same invention-creation. If the application for a patent for invention is not rejected after examination, the administrative department for patent in the State Council shall notify the applicant to give up the patent right for utility model within the prescribed time limit. The authorization period of utility model patent application is short. By applying for the invention on the same day, the applicant can seize the authorization of related technologies in advance and win enough time for his subsequent invention patent application authorization.