Connection protection of invention patent and utility model patent filed on the same day
On the same day, the applicant applied for a patent for utility model and an invention patent for the same invention-creation, and after obtaining the authorization of utility model patent, he gave up the patent for utility model in order to obtain the authorization of invention patent. For others to implement the patented technical scheme without permission from the date of patent authorization for utility model to the date of patent authorization for invention, they can ask for relief in the following ways: first, they can ask for relief on the grounds of infringing the patent right for utility model; Second, for those who implement the patented technical scheme without authorization during the period from the publication date of the application for a patent for invention to the authorization date, they can choose to ask for relief on the grounds of paying the royalties for the temporary protection period of the invention patent or infringing the patent right of utility model.