China patent law 20 10

First of all, the new invention must be applied on the same day, and it must be declared when it is put forward, that is, it is stated in the request (selection) that the invention (utility model) has been applied at the same time, which is equivalent to actively informing the State Information Administration of this situation, and then the new model will generally be authorized first, and then if the invention meets other authorization conditions, it can choose to give up the new model and obtain the invention patent authorization, otherwise it will keep the new model.