Two people applied for a patent for the same product, and both of them have patent rights. What should I do?

Two people can't have the patent right of the same product at the same time. When two people apply for a patent at the same time, the patent right will be granted to the first applicant. The specific reasons are as follows:

1, China's patent system adopts the principle of applying first, and the patent right is granted to the person who applies first.

2. Take the application date as the time standard to judge the order, not the time.

3. Where two or more applicants file an application for the same invention-creation on the same day, the applicant shall settle it through consultation after receiving the notice from the patent administration department of the State Council. Through consultation, or to determine their respective * * * shares, the invention-creation shall have the patent right of the invention-creation as * * *; Or one party gives up the application and gives corresponding compensation, and the other party applies separately.

4. If the applicant can't reach an agreement through consultation, the patent administrative department of the State Council will reject the applications of all parties.

Extended data:

1, the design patent is the object of the patent right and the object protected by the patent law, which refers to the design that should be granted the patent right according to law.

2. Design is completely different from invention or utility model, that is, design is not a technical solution.

3. Article 2 of China's Patent Law stipulates that design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of colors, shapes and patterns of products.

References:

Baidu Encyclopedia: Design Patent