Can an application for a patent for invention be converted from an application for a patent for utility model?
In fact, the applicant often can't accurately judge the creative level of the technical scheme of his invention-creation, so it is often difficult to make a decision whether to apply for a patent for invention or utility model before applying for a patent, but in order to prevent losing the opportunity to obtain a patent, he is eager to apply. So after the application, there may be cases where you want to convert an application for a patent for invention into an application for a patent for utility model, or vice versa. According to the provisions of the patent law, mutual automatic conversion cannot be realized by submitting a conversion request, and the patent office cannot automatically carry out such conversion. So, what should we do? The most practical way is for the applicant to resubmit a new patent application in time and formally go through the application procedures for a patent for utility model or invention. At this time, if the previous application has not exceeded 12 months, you can claim the priority of the previous application when submitting a new application, which can make up for the lack of late filing date of the post-disaster application. This is because the detailed rules for the implementation of the Patent Law stipulate that: the applicant claims domestic priority, and if the earlier application is an application for a patent for invention, he may file an application for a patent for invention or utility model on the same subject; Where the earlier application is an application for a patent for utility model, an application for a patent for utility model or an application for a patent for invention may be filed on the same subject. However, it should be noted that the re-submitted application documents should be consistent with the previous application documents as the basis of game security, and the applicants are the same.