A patent application may be converted into a utility model application within three months (four months for overseas residents) from the date when the certified copy of the examiner's rejection decision is sent to the applicant or his agent. And six months from the filing date of the patent application, whichever is earlier.
If the certified copy of the initial rejection decision has not been sent to the applicant or his agent, the patent application may be converted into a utility model application at any time within nine years and six months from the date of filing the patent application.
An application for utility model arising from the conversion of a patent application shall be deemed to have been submitted on the filing date of the original patent application.
In addition, the original patent application is deemed to have been withdrawn.