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What is patent double filing? (Advantages and disadvantages of applying for patents at the same time)
Release Time：
2022-08-15
Patent double filing means that the applicant will declare the invention patent and utility model patent at the same time, it should be noted that the premise of double filing is that the two patents should be applied on the same day
First.The advantages of applying for patents at the same time
▶ Greater protection range
In the patent double report, the applicant in order to obtain authorization, because the invention patent needs substantive examination, usually will give up some of the claims of the scope of protection, at this time to apply for utility model patents can be greater than the scope of invention patent protection.
▶ Timely and fast protection of invented products
Utility model patents do not need substantive examination, and it takes about 7-10 months from application to authorization and issuance. Application for invention patent to go through the substantive examination, usually takes 2-3 years, and high requirements for technical solutions, not easy to obtain authorization, during this period the product is not protected by the patent law. Under normal circumstances, the products related to the patent application will be exhibited after the application and put on the market. The application for utility model can be carried out in time through the obtained patent rights, publicity and qualification certification.
▶ Long-term protection of invention products
Invention patents are more stable than utility model patents, and the protection period is 20 years, while the utility model patent protection period is 10 years, and the patent double report can obtain more stable and long-term protection rights.
▶ Long-term protection of invention products to save patent application costs
Invention patents are more stable than utility model patents, and the protection period is 20 years, while the utility model patent protection period is 10 years, and the patent double report can obtain more stable and long-term protection rights.
Second. Disadvantages of applying for patents at the same time
Utility model protection is the product, and the invention patent not only protects the product but also protects the method, in addition, the two kinds of patents on novelty, creativity requirements are different, utility model requirements in this respect is lower, and the invention patent requirements are higher, therefore, pure method of the technical solution can not double report.
Therefore, although there are many advantages to applying for invention and utility model at the same time, the applicant must consider the actual situation. If it is not suitable to apply for invention patents, it will only waste time, money and examination resources to apply for invention and utility model patents at the same time.
Third.What are the precautions for patent double reporting?
The premise of the double report is that two patents need to be carried out on the same day, the utility model patent examination cycle is short, usually authorized first, and the invention patent must go through the substantive examination, if the authorization conditions are met, the examiner will require the applicant to choose one of the following ways:
(1) Give up the authorization of the invention patent and retain the utility model patent right that has been obtained.
(2) Give up the utility model patent right that has been obtained, and the examiner will authorize the invention.
(3) modify the content of the claims of the invention patent, so that it is different from the authorized utility model patent, the examiner will also authorize the invention patent.
Source: Hechuanghui Zhi, Xinhe Honggu
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