It is a common patent application strategy for the same applicant to apply for an invention patent and a utility model patent at the same time on the same day, because the examination time of invention patent is longer than that of utility model patent, and the utility model patent can be obtained first after the examination. However, Article 9 of China's Patent Law stipulates that only one patent right can be granted for the same invention-creation. Where the same applicant applies for a patent for utility model and an invention patent for the same invention-creation on the same day, and the earlier obtained patent for utility model has not been terminated, and the applicant abandons the patent for utility model, the invention patent may be granted.
Lawyers suggest that if you apply for a utility model patent and an invention patent for the same invention and creation at the same time, you should declare that you have applied for another patent for the same invention and creation at the time of application, otherwise the invention may be rejected because it violates Article 9 of the Patent Law. Or you can choose to modify the invention patent application to avoid the same content of two patents.