According to the rule of prohibition of double patenting, the similar industrial design applications submitted on the same date can only obtain one patent right. In the examination practice, there will be the problem that many approximate designs of the same applicant cannot be fully and effectively protected. This paper analyzes and discusses the above problems in combination with many practical cases, and rom different angles, such as patent regulations, judicial decisions, the original intention of applicant protection, the patent examination system, and so on. At the same time, the paper gives the rational examination suggestion and the suggestion to the improvement of the patent system of China’s industrial design.
the same date
prohibition of double patenting