You can change your application from a patent application to a utility model registration application (Article 10 of the Utility Model Law).
As an example of changing the application from a patent application to a utility model registration application, when the final reason for refusal is notified to the patent application and it is difficult to obtain the patent right even by amendment or written opinion, the utility model You can obtain a utility model right by changing the application to the registration application.
A utility model registration application examines only basic requirements and does not examine substantive requirements such as novelty and inventive step, so if the basic requirements are met, 100% will be registered.
Even if you cannot obtain a patent right, you can still obtain a utility model right.
Utility model rights can only be exercised after presenting a positive utility model technical evaluation report, such as injunctions and damage doublings, but "utility model right registration" on products and product packages, etc. It can be described as "finished", and I think that it has an advertising effect and a restraining effect on third parties.
The applicant for the modified application must be the same as the applicant for the original application (Article 10, Paragraph 1 of the Utility Model Law).
If the original application is a joint application, all joint applicants must change the application (Patent Law Article 14).
You can create the scope of claims for utility model registration from the claims, specifications, and drawings of the original patent application.
Since the scope of protection of the utility model right is the shape, structure or combination of the article (Article 6-2, Item 1 of the Utility Model Law), the method, chemical substance, and computer program should be stated in the scope of the utility model registration claim. you can not. These are not the scope of protection of the utility model right, and if stated, they violate the basic requirements.
At the time of application change, the patent application must be pending at the Patent Office.
Therefore, at the time of application change, if the patent application has already been withdrawn, abandoned, rejected, a decision of refusal or a trial decision has been finalized and registered, the application cannot be changed.
In addition, the application cannot be changed (1) after three months have passed from the date of service of the first copy of the decision of refusal, and (2) after six months have passed from the date of filing the original patent application (Article 10 of the Utility Model Law). Paragraph 1 proviso).
In the case of a legal application change, the filing date of the utility model registration application goes back to the filing date of the original patent application (Article 10, Paragraph 3 of the Utility Model Law).
The novelty / inventive step of the utility model technical evaluation report and the trial for invalidation is judged by the filing date of the original patent application.