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

If an invention patent application and a utility model patent application for the same creation are filed on different dates and the invention patent application is filed on an earlier date than the utility model patent application, an invention patent may be granted for the creation. However, if the utility model patent application is filed on an earlier date than the invention patent application, a utility model patent may be granted for the creation.

If an invention patent application and a utility model application for the same creation are filed on the same date, you can obtain only either an invention patent right or a utility model patent right but not both. However, you may enjoy continuous protection of an invention patent right and a utility model patent right by following the rule stipulated in Article 32 of the Patent Act.

• Publish Date : 2020-09-11
• Update : 2021-11-11
• Organization : International Legal Affairs Office
• Visitors : 421