ALIPO IP ATTORNEYS

Can I obtain both a patent right and a utility model right for the same invention?

It is legally impossible to obtain both a patent right and a utility model right for the same invention.

If a patent application and a utility model application for the same invention are filed on different dates and the patent application is filed on an earlier date than the utility model application, a patent may be granted for the invention. However, if the utility model application is filed on an earlier date than the patent application, a utility model registration may be granted for the invention.
If a patent application and a utility model application for the same invention are filed on the same date, you can obtain only either a patent right or a utility model registration but not both. However, you may enjoy continuing protection of a patent right and a utility model right by following the rule stipulated in Article 32 of the Patent Act.

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