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Can the same applicant apply for a utility model and an invention patent for the same invention?
Release Time:
2015-11-24
Only one patent right can be granted for the same invention-creation. However, if the same applicant applies for both a utility model patent and an invention patent for the same invention-creation on the same day, and the utility model patent right obtained first has not yet been terminated, and the applicant declares that he/she gives up the utility model patent right, the invention patent right may be granted.
Source: Beijing 12330
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