Yes, the two-in-one application method is a common patent application method. Generally, when enterprises pay more attention to patented technology, or are not sure about applying for an invention patent for this technology, they will apply for a patent, that is, for the same technical content, they will submit a utility model patent and an invention patent application at the same time. This patent application method has many advantages, such as: 1, patent authorization for utility model is much faster than invention, and the patent right can be determined after patent authorization for utility model, which provides support for rights protection; 2. The invention patent examination is strict and the authorization rate is low. Even if the invention patent fails to be rejected, there is already a patent for utility model that protects technological achievements, and it will not be nothing.
In addition, after the invention patent is notified of authorization, the applicant must apply to give up the patent right of utility model in order to obtain the patent right of invention patent.
The patent law has the following provisions:
Article 9 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.
Where two or more applicants apply for a patent for the same invention-creation, the patent right shall be granted to the first applicant.