Is it possible to convert a utility model application into a patent application?
Yes, an applicant can convert a utility model application into a patent application before the registration is granted or refused. This procedure is governed by Section 110 Intellectual Property Code of the Philippines and requires the payment of a fee. Upon successful conversion, the new patent application is accorded the filing date of the initial utility model application. This flexibility allows applicants to adjust their protection strategy based on the perceived inventive step of their work. “110.2. At any time before the grant or refusal of a utility model registration, an applicant for a utility model registration may, upon payment of the prescribed fee, convert his application into a patent application, which shall be accorded the filing date of the initial application.” January 3, 2026About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
