Patent Q&A

May I obtain both an invention patent right and a utility model patent right for the same creation?

If you file a patent application for invention and a patent application for utility model for the same creation on the same date, before an approval decision on the patent application for invention is rendered, TIPO will require you to make a selection to avoid double patenting. Once the invention patent application is selected, the utility model patent right will extinguish on the publication date of the invention patent.

To enjoy this continuous protection, you must declare the existence of the other application at the time of filing in both applications, and must maintain the validity of the utility model patent until the publication date of the invention patent.