Can invention and utility model patent applications be converted to each other?

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. However, applicants who know the patent law are eager to file a patent application in order to prevent losing the opportunity to obtain a patent right.

Therefore, after filing an application, it may happen that the applicant wants 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 China National Intellectual Property Administration cannot take the initiative to carry out similar conversion. At this time, the most practical and effective way is for the applicant to resubmit a new patent application in time and formally go through the formalities of applying for a patent for invention or utility model. If the earlier application does not exceed 12 months, the applicant may claim the priority of the earlier application when submitting a new application after the expiration of the application date to make up for the deficiency of the latter application. At the same time, it should be noted that the theme of the resubmitted patent application should be consistent with the theme of the previous application as the basis of priority.

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