Detailed Rules for the Implementation of the Patent Law (20 10.2. 1): Article 41 Where two or more applicants are on the same day (referring to the date of filing; Where there is priority, it refers to the priority date), where an application for a patent for the same invention-creation is filed, the applicant shall be determined through consultation after receiving the notice from the patent administration department of the State Council.
Where the same applicant applies for a patent for utility model and a patent for invention on the same day (the date of filing), it shall separately state that he has applied for another patent for the same invention-creation; If there is no explanation, it shall be handled in accordance with the provisions of the first paragraph of Article 9 of the Patent Law that only one patent right can be granted to the same invention-creation.
When the patent administration department of the State Council announces the grant of the patent right for utility model, it shall also announce that the applicant has applied for a patent for invention in accordance with the provisions of the second paragraph of this article.
If the application for a patent for invention is not rejected after examination, the administrative department for patent in the State Council shall notify the applicant to give up the patent right for utility model within the prescribed time limit. If the applicant gives up, the patent administration department in the State Council shall make a decision to grant the patent right for invention, and announce the statement of the applicant giving up the patent right for utility model together with the announcement of granting the patent right for invention. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the application for a patent for invention; If the applicant fails to reply within the time limit, it shall be deemed to have withdrawn the application for a patent for invention.
The patent right for utility model shall terminate as of the date of announcement of the patent right for invention.