This practice is usually to obtain the patent right as soon as possible, so as to safeguard rights and protect in the market.
Compared with the invention patent, the examination standard of the utility model patent is lower and the authorization speed is faster. The applicant can obtain the utility model patent first and protect the technical scheme as soon as possible. After the utility model patent is authorized, the examination process of invention patent may take longer. Once the invention patent meets the authorization conditions, the applicant can choose to give up the utility model patent and obtain the invention patent, or obtain the authorization by modifying the invention without giving up the utility model.
The advantages of double application in one case lie in obtaining the patent right quickly, saving the application fee, protecting the invented product for a long time and expanding the scope of protection. But at the same time, there are some shortcomings, for example, the examination period of invention patents may be long, so it is impossible to give priority to the examination, and it is necessary to give up the patent right of utility model to obtain the patent right of invention, or to modify the scope of protection of invention to obtain the patent right of invention without giving up the patent right of utility model.
Significance of patent application
1. The patent system encourages innovation and technological progress, and encourages inventors to carry out more R&D activities by granting them exclusive rights for a certain period of time. Patents are an important part of intellectual property rights, and applying for patents can protect inventors' innovative achievements from being illegally copied and used.
2. Enterprises with patents can gain a competitive advantage in the market and protect their market share through technical barriers. Patents can increase the intangible assets of enterprises, improve their valuation and reputation, and help attract investment and partners.
3. Patented technology can be used to produce products with unique performance or function and realize product differentiation. Enterprises with patents have the opportunity to participate in or influence the formulation of relevant technical standards, thus gaining greater voice in the industry.