According to Article 9 of the Patent Law, an applicant may apply for a patent for utility model and an invention patent for the same invention-creation. This is the popular saying in the industry that "one case is reported twice".
Generally speaking, the situation of the two reports is to ensure that the application is authorized, but the invention authorization is not very certain. In this way, on the one hand, the search is insufficient, on the other hand, it comes from the lack of confidence in the high awareness of creativity. In this way, if there is an opportunity to obtain the invention authorization, the protection period will be beneficial.
There are many advantages of reporting two cases: first, the utility model can be protected as soon as possible, avoiding the embarrassment of only applying for invention patents and only obtaining temporary protection after publicity, and it is also of great benefit to the current situation of accelerated technological upgrading. Secondly, after the invention is approved, it can be based on the size of the scope of authorization (generally the scope of authorization is smaller than the application)
Please request the scope), at the same time, combined with the market value of the technology, comprehensive judgment, and finally choose whether to give up the authorized utility model patent right, so as to obtain the invention patent right. Realize the benefits of taking into account the scope of protection, the time to obtain protection and the duration of protection.