If you have obtained a patent for utility model, you can turn it into an invention patent.

Can be converted to each other, the conversion between invention patent application and utility model patent application often occurs in the process of patent application, but the actual operation should pay attention to skills. Because the applicant often can't accurately judge the creativity of his invention, before applying for a patent, the applicant is not sure whether to apply for a patent for invention or a patent for utility model, so it is difficult to make a decision.

Legal basis:

Inventions and utility models patented in Article 22 of the Patent Law of People's Republic of China (PRC) shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.