Conversion of invention patents and utility model patents

1. Conversion of invention patent application to utility model application

Within the period of 9 years and 6 months from the date of application for the invention patent, the applicant for the invention patent may convert his or her application into an application for utility model; Or, within 30 days from the date of receiving the decision of rejection, the applicant for a patent for invention may convert his or her application into an application for utility model. After being converted into a utility model application, the original patent application for invention shall be deemed to have been withdrawn. When an invention patent application is converted into a utility model application, the applicant or its legal successor needs to delete the method claim in the claims of the original invention application.

2. Utility model application or authorized utility model patent is converted into invention patent application

An applicant for a utility model may, within three years from the date of application, convert his or her application for a utility model into an application for a patent for invention. After being converted into an application for a patent for invention, the original application for utility model shall be deemed to have been withdrawn.

The patentee of utility model may, within three years from the date of application, convert his authorized utility model patent into an application for a patent for invention. At this time, the utility model patent must be abandoned.

However, if the utility model applicant or the patentee of the utility model has applied for the technical evaluation of the utility model, or more than 30 days have passed since the date of receiving the notice from others to apply for the technical evaluation of the utility model, then the utility model patent application or the authorized utility model patent cannot be converted into an invention patent application.

When the utility model patent application or the authorized utility model patent is converted into an invention patent application, the technical solution related to the method recorded in the specification of the original utility model application can be included in the claims of the invention patent application.

The contents of the converted application for utility model must be consistent with those recorded in the drawings and the description of the original design application; After conversion into a utility model application, the original design application shall be deemed to have been withdrawn.