Legal analysis: 1. Principle of patent grant: (1) The principle of first invention means that if two or more people apply for a patent for the same invention-creation, the patent right shall be granted to the person who first made the invention-creation, regardless of the time when he filed the patent application. The principle of (oral) first application means that when two or more people apply for the same invention separately, they don't ask the time when they made the invention, but the time when they filed the patent application shall prevail, that is, the patent right shall be granted to the person who applied first, which is the practice adopted by most countries in China and the world. 2. Conditions for granting patents: China and most countries require that inventions should be novel, advanced and industrial.
Legal basis: Article 9 of the Patent Law of People's Republic of China (PRC) Where two or more applicants apply for a patent for the same invention and creation respectively, the patent right shall be granted to the first applicant.