| Only an invention patent may be granted in the aforesaid situation. Even if the utility model patent has been granted after formality examination, if a third-party files an invalidation claiming the utility model patent violates Paragraph 1 of Article 31 applicable mutates mutandis under Paragraph 4 of the same Article, which is applicable mutates mutandis under Article 108, the patent authority will make the decision to revoke the utility model patent rights. If on the contrary, the utility model patent application was filed first, only the utility model patent may be granted, and the invention patent application violates Paragraph 1 of Article 31 applicable mutates mutandis under Paragraph 4 of the same Article. |
