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How to apply for an invention patent if you have applied for a utility model?

Hello~Shenzhen Jiaquan Patent and Trademark Office will answer your question~

Based on your question, here is a detailed analysis:

First of all, if After your utility model patent is granted, you cannot apply for an invention patent, and even if you apply, it will be rejected.

Secondly, if you really want to apply for an invention patent, you can do it in the following two ways:

1. Request to withdraw the utility model patent application, and then apply for the same content Apply for an invention patent now.

2. Apply for an invention patent and claim priority for the previously applied utility model patent. However, the condition for this method is that it must be within 12 months from the filing date of the earlier utility model patent. . Otherwise, this approach won't work.