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Q27. Conversion between Utility Model Application and Patent Application

Q27. Conversion between Utility Model Application and Patent Application
 Is it possible to convert between an utility model application and a patent application?

A27. Yes, A utility model application may be converted to a patent application and vice versa. A utility model application may be converted into a patent application within 3 years from the filing date of the utility model application only during the pendency of the case before the JPO. The owner of a utility model right may file a patent application on the basis on their utility model registration (Art.46-2 of the Patent Law). However, in such a case, the owner shall abandon their utility model right in order to avoid double registration.