How to understand Article 9 1 of the Patent Law? The same invention can only be granted a patent right.

Questioner: Paragraph 1 of Article 9 of the Patent Law stipulates that "only one patent right can be granted to the same invention-creation", and the Interpretation of the Patent Law-Chapter I General Provisions has a clear explanation that the patent right is an exclusive right. For an invention, a specific subject can only be granted a patent, that is, the so-called principle of "one invention and one patent" or the principle of "patent non-repetition". If a patent right is granted to two or more different subjects, as far as the same invention is concerned, it obviously violates the exclusivity or exclusivity of the patent right. Then, what should be done when two or more subjects have completed the same invention and both filed patent applications? There are two ways to deal with it internationally. One method is called the principle of invention first. That is to say, when two or more subjects apply for a patent for the same invention-creation, the patent right is granted to the applicant who invented the first invention, regardless of the order of application. This kind of treatment is beneficial to protect the interests of the first inventor, but it also has its obvious shortcomings. First, it is not conducive to giving full play to the role of the patent system in encouraging technology disclosure and exchange. Because according to the principle of first invention, whether the first inventor files a patent application or not does not affect his right to obtain a patent first when filing a subsequent application. Therefore, the first inventor can keep his invention secret without filing a patent application. Once others apply for a patent for the same invention, the first inventor can still apply for and obtain a patent for his invention. Second, the patent right that has been obtained will also affect its stability because of the principle of invention priority. At the same time, it also brings a lot of trouble to patent examination. Because it is often difficult to find out who invented it first, it will increase the examination cost and reduce the examination efficiency. At present, only a few countries, such as the United States, implement the principle of first invention. Another way is to apply for the principle first. That is, when two or more subjects apply for a patent for the same invention-creation, no matter who invented it first, the patent right is granted to the person who filed the patent application first. The implementation of this principle can overcome the disadvantages of the principle of prior invention, encourage inventors to file patent applications in time, and give full play to the role of the patent system in promoting technology disclosure and exchange; At the same time, the efficiency of patent application examination can be greatly improved, because we only need to see who applied earlier, and do not need to spend a lot of time and energy to determine who is the first inventor. Therefore, most countries in the world apply first. According to this article, the patent law of our country also applies the principle of prior application when dealing with two or more subjects applying for a patent for the same invention-creation.