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Official Reply: Can a utility model patent already authorized apply for an invention patent?
Release Time：
2022-09-21
Name: Ma XX
Content:
I have applied for a utility model patent and have been authorized. Can I continue to apply for an invention patent? Thank you!
Reply:
Comrade Ma XX:
The patent law stipulates the substantive conditions for the grant of patent rights: that is, Article 22: Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality.
Novelty means that the invention or utility model does not belong to the prior art; Nor has any entity or individual filed an application with the patent administration department under The State Council before the date of filing for the same invention or utility model, which is recorded in the patent application documents published or published after the date of filing.
Creativity means that compared with the prior art, the invention has outstanding substantive features and significant 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 term "prior art" as used in this Law refers to the technology known to the public at home and abroad before the date of application.
The utility model patent that has been authorized and announced is the prior art.
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