Patents (China) [Q34]
E-mail:mail@cpahkltd.com
4. Q: Is it possible to apply for both a patent for invention and a patent for utility model in respect of the same subject matter?
  A:

Yes. It is possible to apply for both a patent for invention and a patent for utility model for the same subject matter. In accordance with Article 9 of the Patent Law and Rule 41 of the Implementing Regulations of the Patent Law, where the same applicant files, on the same day, applications for both the invention patent and the utility model patent relating to identical invention-creations, he shall specify respectively at the time of filing the applications that another application for patent has been filed for the same invention-creation. If the applicant declares to disclaim the utility model patent right which has yet to expire, the invention patent may be granted. If the applicant fails to do so, the invention patent application shall be rejected in accordance with the provision of Article 9 of the Patent Law.

 

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