According to Article 9 of the Patent Law, only one patent right can be granted for the same invention-creation.
In real life, if you apply for a utility model and an invention patent at the same time on the same day, if the utility model is authorized first,
If the application for a patent for invention meets the authorization conditions after actual examination, the examiner will issue a notice, pointing out that there are two ways to authorize the patent for invention because the utility model applied for that day has been authorized:
Give up the patent right of utility model that has been obtained. At this time, the patent right of utility model must be in a valid state, or in an annual fee deferred state and other States that can be made effective through payment; At this point, the applicant can only pay the corresponding fees first, and then give up the patent right of utility model. Then, submit the instructions for giving up the patent right of utility model;
If the patent right of utility model is invalid (even if it cannot be restored by payment), you can only choose the following two options:
2。 Modify the claim of invention patent right so that there is no technical scheme with the same protection scope for invention and utility model.
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