What should I do if I want to continue protection of an invention patent right and a utility model patent right for the same creation?
To enjoy continuous protection, you must declare the existence of the other application at the time of filing both applications and must maintain the validity of the utility model until the publication date of the invention patent.
Before an approval decision on the patent application for invention is rendered, TIPO will require you to make a selection to avoid double patenting. If the invention patent application is selected, the utility model patent right will automatically be extinguished on the publication date of the invention patent.