A matter arising quite often in patent applicants through the Patent Cooperation Treaty (PCT) is whether they can transform their current patent application into a utility model.
WHEN CONVERTING THE PATENT INTO UTILITY MODEL?
This change in registration category generally arise after receiving the International Search Report informing of possible difficulties in the further processing.
In order to clarify the concept, I leave the following simplified diagram of the process of a patent by the PCT system:
As it is shown, from the ninth month the designated office will issue the result of the International Search Report (IBI). This outcome is not binding because the national/regional offices will be the responsible for carry out the possible objections in view of the report; anyway IBI gives a good orientation of what can be found later.
It is also possible to modify the set of claims about the current application and submit them together with a series of observations trying to save the objections found in the IBI, and even submit them again to review and examination.