Can the same applicant apply for invention patent and utility model patent at the same time?
Due to the implementation of the preliminary examination system of utility model patents in China, the time from applying for a patent to being granted a patent right is usually short; The application for a patent for invention is subject to the system of early publicity and substantive examination, and it usually takes a long time from applying for a patent to being granted a patent right. Therefore, if the applicant wants to obtain patent protection quickly and obtain the invention patent right with a longer protection period, he can submit an application for a patent for utility model and an application for a patent for invention at the same time. However, it should be noted that the first paragraph of Article 9 of the Patent Law stipulates that only one patent right can be granted for the same invention-creation. Therefore, an invention patent can only be granted if the same applicant applies for a utility model patent and an invention patent at the same time on the same day.