Negarit Gazcta -
2.
No. 25 -
lOth May 1995 -
Page 227
the right shall be evidenced by a utility model centi
ficate issued by the Commission.
3.
The grant of the certificate shall confer the exclusive
right to exploit the minor invention and prevent third
parties from exploitating the minor invention without
the authorization of the holder of the certificate.
39. Non-existence of Novelty
1.
A minor invention shall not be considered new if, at
the time of filing the appliootion, it has already been
described in printed
publications, made
available to
the public or has aheady been publicly used ill Ethio
pia.
2.
Any description or use, within six months prior to the
filing of the application, shall not destroy novelty if
it is based on the work of the applicant.
40. Things not Protected by Utility Model Certificate
"The following' shan-not be protectea
"Dr ulTIrr);-m:oaerceru~
cate:
1.
Changes in the shape, proportions or material of a
patented object or of one that is public property,
except where such a change alters the qualities or
functions of the object thereby producing an improve
ment in its use or rthe effects of its intended func
tions;
2.
The mere replacement of elements in a known combi
nation by other known elements having an equivalent
function, which does not thereby produce an improve
ment in its use or rthe effect of its intended functions;
or
3.
Minor inventions that are contrary to public order or
morality.
41. Examination
The Commission shall undertake a formal examination of
the applicatioI;1. and decide to allow or refuse the grant of
utility model certificate.
42. Issuance nf Utility Model Certificate
Where the Commission decides to grant utility model
certificate it shall issue a utility model certificate to the
applicant.
43. Convertion of Patent Applications to Applications for
Utility Model Certificates and Vice-VerslJI!
1.
At any time before the grant or refusal of a patent an
applicant for a patent may, upon payment of the pre
scribed fee, convert his application into an applica
tion for a utility model certificate, which shall be ac
corded the filing date of the initial application.
2.
At any time before the grant or refusal of a utility
model certificate, an applicant for a utility model
certificate 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.