When a utility model patent and an invention patent are applied at the same time, is it necessary to apply for an invention patent in advance?

It's not necessary. Paragraph 1 of Article 9 of the Patent Law stipulates that only one patent right can be granted for the same invention-creation. However, if the same applicant applies for a patent for utility model and a patent for invention at the same time on the same day, and the patent for utility model obtained earlier has not been terminated, and the applicant abandons the patent for utility model, the patent for invention may be granted.

The same invention can apply for utility model patent and invention patent at the same time on the same day, which has the following advantages:

1. Ensure that the applicant obtains the patent authorization and patent certificate as soon as possible. An application for a patent for utility model does not require substantive examination, so it is generally granted earlier than an application for a patent for invention. In this way, the applicant can be reported to obtain the certificate as soon as possible, and the time for obtaining the patent can be shortened as much as possible, which is convenient for the applicant to handle project transactions, publicity and promotion, qualification certification, infringement and rights protection and other related matters.

2. Try to extend the applicant's patent protection time and improve the stability and authority of the patent. If the utility model patent is authorized first, the applicant has obtained the protection period of 10 years. If the invention patent is also authorized, the applicant can give up the previous utility model patent and obtain the invention patent authorization, thus extending the protection period of the same invention to 20 years. Moreover, because the invention patent has been substantially examined, its stability and authority have been greatly improved compared with the utility model patent, which can effectively protect the applicant's invention achievements.