What should I do if two or more applicants apply for patents for the same invention and creation?

Applying for a patent is a benefit provided by the country to patent creators, which increases people's enthusiasm for inventing patents. However, there are some issues that you should pay attention to when applying for a patent. Especially if two people apply for the same patent, how to deal with the same patent application from two right holders? The editor of the Legal Savior Network will introduce it to you below. I hope it will be helpful to everyone. helped.

What should I do if two or more applicants apply for patents for the same invention and creation?

Two or more applicants separately created the same invention When applying for a patent, the patent right is granted to the first person to apply.

Same inventions and creations in Article 9 of the "Patent Law" Only one patent can be granted. However, 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, and the utility model patent right obtained first has not yet expired, and the applicant declares that he has given up the utility model patent right, the invention patent right may be granted.

Two or more applicants separately apply for the same invention If a creation is patented, the patent right is granted to the first person to apply.

Article 11 After the patent right for an invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not For production and business purposes, manufacture, use, offer for sale, sell, or import its patented products, or use its patented methods, and use, offer for sale, sell, or import products directly obtained according to the patented method.

After the design patent right is granted, no unit or individual may use it without the permission of the patentee. Implementing its patent means that it is not allowed to manufacture, offer for sale, sell or import its design patented products for production and business purposes.

I believe that after reading the above introduction, you have a certain legal understanding of how to solve the responsibilities that need to be paid attention to. If you still have legal questions about this aspect, please Consult the lawyers on the Legal Savior Network and they will provide you with professional answers.