How to judge the same invention?

According to Article 9 of the Patent Law, if two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant. The above stipulates the principle that the patent right shall not be granted repeatedly. "The same invention-creation" refers to two or more applications (or patents) with the same scope as the claims. Where the earlier application constitutes a conflicting application or has been made public as an existing technology, it shall be examined according to whether the applied patent is novel and creative, instead of examining the later patent application (or patent) according to the principle that the patent right cannot be granted repeatedly. I. Principles of Judgment Paragraph 1 of Article 56 of the Patent Law stipulates that the scope of protection of the patent right for invention or utility model shall be subject to the contents of the claim, and the description and drawings may be used to interpret the claim. In order to avoid duplicate authorization, when judging whether it is the same invention-creation, we should compare the contents of two invention or utility model patent applications or patent claims, instead of comparing the claims with the whole contents of patent applications or patent documents. When judging, if a patent application or a patent claim has the same scope of protection as another patent application or a patent claim, it is regarded as the same invention-creation. Where the contents of two patent applications or patent specifications are the same, but the scope of protection of their claims is different, it shall be considered that the inventions and creations to be protected are different. It should be pointed out that the scope of protection of the claims is only partially overlapping and does not belong to the same invention. Two. Processing method (1) Processing of two patent applications 1. The applicants are the same. In the course of examination, if the same applicant files two patent applications for the same invention-creation, and these two applications meet other conditions for granting patent rights, the applicant shall be notified to make choices or amendments respectively. If the applicant fails to reply within the time limit, the corresponding application shall be deemed to be withdrawn. Where the applicant still fails to meet the requirement that only one patent can be granted for the same invention-creation after stating his opinions or making amendments, if the filing date is different, the latter patent application shall be rejected and the previous patent application shall be granted a patent right; If the application date is the same, both applications will be rejected. 2, different applicants in the process of examination, for different applicants on the same day, respectively, the same invention-creation, and two applications meet other conditions for granting a patent right, it shall notify the applicant to negotiate to determine the applicant in accordance with the relevant provisions. If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn; If negotiation fails, or the applicant still fails to meet the requirement that only one patent can be granted for the same invention-creation after stating his opinions or making amendments, both applications will be rejected. (II) Handling of Patent Application and Patent Right In the process of patent application examination, if another patent application filed by the same applicant for the same invention-creation has been granted a patent right, and the unauthorized patent application meets other conditions for granting a patent right, the applicant shall be notified to choose. At this time, the applicant can give up the patent right already obtained or withdraw the application that has not been authorized. If the applicant fails to reply within the time limit, his application shall be deemed to have been withdrawn. If the applicant still fails to meet the requirement that only one patent can be granted for the same invention-creation after stating his opinions or making amendments, his patent application shall be rejected. If the applicant chooses to give up the patent right that has been granted, it shall attach a written statement of giving up the patent right in duplicate from the date of application for the authorized patent when replying to the notice of examination opinions. At this time, for the patent application that meets the authorization conditions and has not been authorized, a notice of authorization shall be issued, and the written statement of giving up the prior patent right shall be forwarded to the relevant examination department, and the patent office shall register and announce it, and the announcement shall indicate that the prior patent right shall be given up from the date of application.