legal ground
Article 8 of the Patent Law: Unless otherwise agreed, the right to apply for a patent belongs to the entity or individual that jointly completed the invention or creation, or the invention or creation entrusted by one entity or individual to another entity or individual; After the application is approved, the applicant unit or individual shall be the patentee. 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.