If the same invention-creation is applied for on the same day, the applicant shall be determined through consultation after receiving the notice from the Patent Administration Department of the State Council. Article 41 of the "Patent Law Implementing Rules": If two or more applicants apply for patents for the same invention and creation on the same day (referring to the filing date; if there is priority, it refers to the priority date), they shall apply for a patent after receiving the patent from the State Council. Applicants will be determined through consultation after notification from the administrative department. If the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day (referring to the filing date), he shall separately state in the application that he has applied for another patent for the same invention-creation; if no explanation is given, the application shall be in accordance with Paragraph 1 of Article 9 of the Patent Law stipulates that only one patent right can be granted for the same invention and creation. When the patent administration department of the State Council announces the grant of a utility model patent, it shall announce that the applicant has simultaneously applied for an invention patent in accordance with the provisions of paragraph 2 of this article. If no reason for rejection is found after examination of the invention patent application, the patent administration department of the State Council shall notify the applicant to declare a waiver of the utility model patent right within the prescribed time limit. If the applicant declares that he has given up the utility model patent right, the patent administration department of the State Council shall make a decision to grant the invention patent right and announce the applicant's statement of giving up the utility model patent right when announcing the grant of the invention patent right. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the invention patent application; if the applicant fails to respond within the time limit, the invention patent application shall be deemed to have been withdrawn. The utility model patent right shall terminate from the date of announcement of the grant of invention patent right.
Legal basis:
Article 41 of the "Patent Law Implementing Rules" for two or more applicants on the same date (referring to the filing date; if there is priority, it refers to the priority date) If you apply for patents for the same invention and creation separately, you must negotiate and determine the applicant after receiving a notice from the patent administration department of the State Council. If the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day (referring to the filing date), he or she shall separately state in the application that he has applied for another patent for the same invention-creation; if no explanation is given, the application shall be in accordance with Paragraph 1 of Article 9 of the Patent Law stipulates that only one patent right can be granted for the same invention and creation. When the patent administration department of the State Council announces the grant of a utility model patent, it shall announce that the applicant has simultaneously applied for an invention patent in accordance with the provisions of paragraph 2 of this article. If no reason for rejection of the invention patent application is found after examination, the patent administration department of the State Council shall notify the applicant to declare a waiver of the utility model patent right within the prescribed time limit. If the applicant declares that he has given up the utility model patent right, the patent administration department of the State Council shall make a decision to grant the invention patent right and announce the applicant's statement of giving up the utility model patent right when announcing the grant of the invention patent right. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the invention patent application; if the applicant fails to respond within the time limit, the invention patent application shall be deemed to have been withdrawn. The utility model patent right shall terminate from the date of announcement of the grant of invention patent right.