The Issues Of Transferable Protection For The Patents Of Invention And Utility Model

"Double-patenting is prohibited"is prescribed in Patent Law of Our country . However the state that one proposer makes two applications for invention or utility model for identical invention-creation doesn't regulated definitely by Patent Law. Patent for invention is different from patent for utility model. Besides ,in the fact, the time for examining and approving the patent for invention by the Patents Office in China is longer,for protecting the invention by patent law in time, many proposers make two applications for invention or utility model for identical invention-creation. But it is not regulated definitely by present law in our country.The author thinks that the same proposer's identical invention-creation should be permitted to be protected by the transferable protection between the patents for invention and utility model,moreover we can amend related law to realize the Patent Law's motive by using the advanced mechanism of some representative countries or areas for reference and linking the situation of our country,it makes the proposer protect his rights furthest on the premise of not violating the principle of preventing the patent right from being granted repeatedly.