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.
1. According to the above provisions, the same invention can apply for a utility model patent and an invention patent at the same time on the same day. The benefits of applying for invention and utility model at the same time include the following three aspects:
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.
When the applicant applies for a utility model and an invention patent at the same time, the general utility model application will be granted a patent earlier, which can ensure that the applicant can obtain a patent certificate as soon as possible and shorten the time for obtaining a patent as much as possible, so that the applicant can handle project transactions, publicity and promotion, qualification certification, infringement and rights protection and other related matters.
2. Try to extend the patent protection time of the applicant and improve the stability and authority of the patent.
The protection period of utility model patent is 10 year, and the protection period of invention patent is 20 years.
Apply for utility model and invention patent at the same time. 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, so that the protection period of the same invention can be extended to 20 years.
Moreover, because the invention patent has undergone substantial examination, its stability and authority have been greatly improved compared with the utility model patent, which can effectively protect the applicant's invention achievements.
3. It can achieve the purpose of applying for utility model and invention patent separately at the same time, and make up for the defects of applying separately.
Two, the advantages and disadvantages of applying for a patent for utility model alone:
1. Advantages: substantive examination is not required, and the examination period is short, so authorization can be obtained earlier or more easily, which is conducive to cooperating with the applicant's authentication, transaction and publicity arrangements.
2. Disadvantages: The utility model patent has poor stability, easy invalidation and short protection period, because it has not been substantially examined.
Three, the advantages and disadvantages of applying for a patent for invention alone:
1. Benefits: Once authorized, the patent has good stability and long protection period.
2. Disadvantages: The application for a patent for invention needs to undergo substantive examination, and the examination is strict. The risk of not obtaining patent authorization is far greater than the risk of applying for a patent for utility model. The application period is long and there are many uncertainties, which is not conducive to enterprises to arrange patent utilization.
Extended data:
1. There are three types of patent applications, namely, invention patent applications, utility model patent applications and design patent applications.
Second, the materials needed to apply for a patent:
1. To apply for a patent for invention, the application documents shall include: the request for a patent for invention, the specification (with attached drawings when necessary), the patent claim, the abstract and the attached drawings in duplicate.
2. To apply for a patent for utility model, the application documents shall include the request, specification, drawings of the specification, claims, abstract and drawings in duplicate.
3. To apply for a design, the application documents shall include: a request for a design patent, pictures or photographs in duplicate. Where color protection is required, a color and a black-and-white picture or photograph shall also be submitted. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
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