Can patent authorization be granted to only one company at the same time?
According to Article 9 of the Patent Law: only one patent right can be granted for the same invention and creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention and creation on the same day, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted. The Implementing Rules of the Patent Law state that if the same applicant applies for both a utility model patent and an invention patent for the same invention and 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 and creation. ; If no explanation is given, it shall be handled in accordance with the provisions of Article 9, Paragraph 1 of the Patent Law, which stipulates that only one patent right can be granted for the same invention and creation. 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 renunciation of the utility model patent right within the prescribed time limit. The application authorization period for utility model patents is short. By applying for inventions on the same day, applicants can obtain authorization for the relevant technology in advance and gain sufficient time for subsequent invention patent applications.