Whether to approve the invention patent as a utility model patent if it cannot be approved.

No, the patent that has been applied for and accepted cannot be transferred or changed, as can be seen from the patent examination process, which is as follows:

According to the Patent Law, the examination and approval procedures of an application for a patent for invention include five stages: acceptance, preliminary examination, publication, actual examination and authorization, while there are only three stages for the application for a utility model and design without early publication and substantive examination.

Acceptance stage

After receiving the patent application, the Patent Office will review it. If it meets the acceptance conditions, the Patent Office will determine the application date, give the application number, and after checking the list of documents, issue an acceptance notice to inform the applicant. If the application document

is not typed, printed, illegible or altered; Or the drawings and pictures are not drawn with drawing tools and black ink, and the photos are blurred and altered; Or the application documents are incomplete; Or the applicant's name

is missing in the request or the name and address are unknown; Or the patent application category is unclear or uncertain, and the patent application directly sent by foreign units and individuals without foreign-related patent agencies will not be accepted.

preliminary examination stage

if the accepted patent application pays the application fee according to the regulations, it will automatically enter the preliminary examination stage. Before the preliminary examination, the application for a patent for invention must first be examined for confidentiality, and if it needs to be kept confidential, it shall be handled according to the confidentiality procedure.

At the time of preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including whether the contents of the examination fall within the scope of not granting patent rights in the Patent Law, whether the obvious lack of technical contents cannot constitute a technical scheme, whether there is a lack of

singularity, whether the application documents are complete and whether the format meets the requirements. If it is a foreign applicant, it is necessary to conduct qualification examination and application formalities examination. If it is unqualified, the Patent Office will notify the applicant to make corrections or make statements

within the prescribed time limit. If it fails to reply within the time limit, the application will be deemed to be withdrawn. If the defects have not been eliminated after the reply, it shall be rejected. If an application for a patent for invention passes the preliminary examination, a notice of passing the preliminary examination will be issued. In addition to the above-mentioned examination, the application for utility model and design patent should also be examined whether it is obviously the same as the existing patent, not a new technical scheme or a new design, and no reason for rejection has been found after preliminary examination. Will directly enter the authorization order.

publication stage

An application for a patent for invention enters the publication stage from the time when the notice of preliminary examination is issued. If the applicant does not make a request for early publication, it will not enter the public preparation procedure until 15 months from the date of application. If the applicant requests to file the < P > which was made public before, the application will immediately enter the public preparation procedure. After format review, editing and proofreading, computer processing, typesetting and printing, about 3 months later, the abstract of its instructions was published in the patent bulletin and a booklet of instructions was published.

after the application is published, the applicant has the right to temporary protection.

substantive examination stage

after the publication of an application for a patent for invention, if the applicant has made a request for substantive examination and it has taken effect, the applicant will enter the actual examination procedure. If an application for a patent for invention has not been submitted for trial within three years from the date of application, or the request for trial has not taken effect, the application shall be deemed to have been withdrawn.

During the actual trial, whether the patent application is novel, creative, practical and other substantive conditions stipulated in the Patent Law will be comprehensively reviewed. If it is found that it does not meet the authorization conditions or there are various defects,

the applicant will be notified to state opinions or make amendments within the specified time. If it fails to reply within the specified time limit, the application will be deemed to have been withdrawn, and if it still fails to meet the requirements after repeated replies, it will be rejected. The actual trial period is long. If it is not authorized within two

years from the date of application, the application maintenance fee shall be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to be withdrawn.

if no reason for rejection is found in the substantive examination, it will enter the authorization procedure as required.

at the authorization stage

If the application for a patent for utility model and design has not found the reasons for rejection after the preliminary examination and the application for a patent for invention has been examined in substance, the examiner will make an authorization notice, and the application will enter the preparation for authorization registration. After reviewing the legal

effectiveness and completeness of the authorization text, and proofreading and modifying the description items of the patent application, the Patent Office will issue an authorization notice and a notice for handling the registration formalities. The applicant shall, within 2 months after receiving the notice, go through the registration formalities in accordance with the requirements of the notice

and pay the prescribed fees. If the registration formalities are completed on schedule, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the patent bulletin two months later. Failure to go through the registration formalities in accordance with the provisions of

will be regarded as giving up the right to obtain the patent right.