How to convert patent applications to utility model applications
You can simultaneously apply for apatent and a utility model for an invention. What you can also do is to firstapply for a patent and later ask us to convert your patent application to autility model application. Please note: Neither methods nor uses can beprotected with a utility model. In conversion, the original patent applicationremains pending if you do not withdraw it.
Only a pending patent applicationor a pending application for a European patent can be converted to a utilitymodel application. An application is not pending if it is dismissed, rejectedor withdrawn.
A converted utility modelapplication is deemed to have been filed on the filing date of the originalpatent application or the original application for a European patent. However,a patent application cannot be converted if ten years have passed from itsfiling date. A granted patent cannot either be converted to a utility model application.
Proceed as follows
- Makesure that the patent application is pending on the day you are filing yourutility model application.
- Draw up your utility model application in Finnish or in Swedish on the basis of the description, patent claims and drawings in the patent application. No abstract is needed. Replace the word “patenttivaatimus" by the word “suojavaatimus" (in Swedish: patentkrav -> skyddskrav). If the patent application contains method (process) or use claims, omit them from the utility model application. Do not add to the utility model application any new information that is not contained in the patent application.
- Fill in the utility model application form in Finnish or in Swedish. Tick the box "Muunnettu patenttihakemuksesta/Ändrat från patentansökan", and give the filing date, country and number for the original patent application in the field.
- Submitthe application form, description, claims and drawings to the PRH. Pay theprescribed fees (registration fee and, if the number of claims is more thanfive, an additional fee for every claim exceeding five). Pay the fee(s) whenfiling your application or, at the very latest, two months from filing yourapplication.