After the utility model patent is authorized, the authorization will be announced, but this will not affect your invention patent application.
According to Article 9 of the Patent Law, applicants can apply for utility model patents and invention patents for the same invention at the same time. This is the popular saying in the industry "one case, two reports."
The general situation of double reporting in one case is to ensure that the application is authorized, but it is not very sure about the authorization of the invention. In this way, on the one hand, it comes from insufficient retrieval, and on the other hand, it comes from the lack of confidence in the high level of creativity. In this way, if there is a chance to obtain authorization for the invention, the protection period will be beneficial.
There are many benefits to reporting two cases in one case: First, utility models are authorized quickly and can obtain protection as soon as possible, avoiding the embarrassment of only applying for an invention patent and only being able to obtain temporary protection after it is made public. At the same time, for current technology updates The speed of replacement is also of great benefit. Secondly, after the actual examination of the invention is passed, a comprehensive judgment can be made based on the scope of the authorization that can be obtained (generally, the scope of authorization is smaller than the scope required by the application) and the market value of the technology. Finally, choose whether to give up the authorized utility model patent rights and obtain the invention patent rights. Realize the benefits of taking into account the scope of protection, the time to obtain protection, and the duration of protection.