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How to handle the same application by different applicants?
Release Time：
2020-06-08
Source: State Intellectual Property Office Published: 2020-06-08
Article 9 of China's Patent Law provides that "Where two or more applicants file separate applications for patents in respect of the same invention-creation, the patent right shall be granted to the person who files the first application." If different applicants file separate applications for the same invention-creation successively, and the two applications meet the other conditions for granting the patent right, the patent right shall be granted to the person who files the first application. Where different applicants file separate applications for patents on the same day in respect of the same invention-creation, and these two applications fulfill the other conditions for granting the patent right, the applicants shall be notified to determine the applicants by their own consultation. If the applicant fails to respond by the expiration of the period, his application is deemed to be withdrawn; if the negotiation fails, or if the applicant still fails to meet the provisions of Article 9 of the Patent Law after stating his opinions or making modifications, both applications shall be rejected.
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