It is possible to request a change in category from utility model to invention patent up until the moment the examiner of the model orders its publication in the Official Industrial Property Gazette.
If the change is accepted, the submission date and priority do not change.
The documentation that must be submitted is as follows:
- written application to change the category and the reason for this request.
- 1st page of the official 3101 application form amended for patent applications (for category, enter patent; for type of application, enterchange of category; for main or original file, enter category, and the date and number of the utility model; as well as all other details of the applicant, inventor, title, etc. as though it were a patent application being filed again) and signed.
- three copies of form 3106, including a summary of the invention using a maximum of 150 words.
- this procedure requires the payment of a change of category fee of 13.85 euros.This can be paid at la Caixa using transaction code form 61 (available at the regional or local office - Area of Industry and Energy - of the regional government of the province in question). The pink copy of the payment form must then be attached to the application documents to be submitted.
These forms are available on our website www.oepm.es, INFORMATION AND HELP FOR APPLICANTS: FORMS:INVENTION PATENT.
The documentation can be submitted at the same places indicated for submitting patents or utility models.
Formally, the change of category exists for Spanish rights:from patent to model and vice versa.If you apply for a European patent within the priority period (12 months starting from the initial submission date of the utility model) you are automatically applying for a patent, as the European utility model is not regulated.In this case, if the European patent is awarded, it would be valid for 20 years, including Spain if it has been designated in your European patent application.
