How does the Patent Office handle applications filed on the same day for the same invention?

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How does the patent office handle applications filed on the same day for the same invention?

Should After receiving the notice from the Patent Administration Department of the State Council, the Applicant shall be determined through negotiation.

"Patent Law Implementing Rules"

Article 41 If two or more applicants apply for patents for the same invention-creation on the same day (referring to the filing date; if there is priority, it refers to the priority date), The applicant shall be determined through consultation after receiving the notice from the Patent Administration Department of the State Council.

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 shall state the respective applications separately when applying. Another patent has been applied for for the same invention-creation; if there is no explanation, 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-creation.

When the patent administration department of the State Council announces the grant of a utility model patent, it shall announce that the applicant has simultaneously applied for an invention patent in accordance with the provisions of paragraph 2 of this article.

If no reason for rejection is found after review of the invention patent application, the patent administration department of the State Council shall notify the applicant to declare a waiver of the utility model patent right within the prescribed period. If the applicant declares that he has given up the utility model patent right, the patent administration department of the State Council shall make a decision to grant the invention patent right and announce the applicant's statement of giving up the utility model patent right when announcing the grant of the invention patent right. If the applicant does not agree to give up, the patent administration department of the State Council shall reject the invention patent application; if the applicant fails to respond within the time limit, the invention patent application shall be deemed to have been withdrawn.

Utility model patent rights shall terminate on the date of announcement of the grant of invention patent rights.

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