legal ground
Article 22 of the Patent Law of People's Republic of China (PRC)
Inventions and utility models granted patent rights should be novel, creative and practical.
Article 26
To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.
Article 27
To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
Article 9
The same invention can only be granted a patent right. 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.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.