Question:
Our client intends to enter the Chinese national phase of a PCT application but has not decided whether to seek an invention patent or a utility model. Can an invention patent application be converted to a utility model application, or vice versa? If so, when?
Answer:
When a PCT application enters the Chinese national phase, the applicant may choose between an invention patent and a utility model. Once the application has entered the Chinese national phase, its type can no longer be changed.