Double patent application, as its name implies, is the situation that enterprises apply for invention patents and utility model patents at the same time in order to ensure the smooth application of invention patents according to the characteristics of patents. Double patent application means that the applicant applies for invention and utility model for the same invention at the same time.
Double patent advantages:
An enterprise applying for a patent may choose to declare separately, or choose the utility model and the invention patent law. Paragraph 1 of Article 9 stipulates that only one patent right can be granted for the same invention-creation.
However, the same applicant applied for both utility model patent and invention patent for the same invention and creation on the same day. If the patent right for utility model obtained first has not been terminated, and the applicant abandons the patent right for utility model, the patent right for invention may be granted.
According to the above regulations, the same invention can apply for a utility model patent and an invention patent at the same time on the same day. Patent right has dual nature. On the one hand, patents protect the patentee's innovation and promote innovation breakthroughs; On the other hand, it inhibits others' learning of innovation achievements, which is not conducive to the common development of * * *.