22
No. 10
Evidence of
request for
licence.
33. (1) A request for the Minister's authorisation shall be
accompanied by evidence that the owner of the patent has received,
from the person seeking the authorisation, a request for a contractual
licence, but such person has been unable to obtain such a licence on
reasonable commercial terms and conditions and within a reasonable
time.
Patents and Industrial Designs Act
2012
(2) Subsection (1) shall not apply in cases of national
emergency or other circumstances of extreme urgency: but in such
cases the owner of the patent shall be notified of the Minister's
decision as soon as reasonably practicable.
Right of
appeal.
34. The decisions of the Minister under this Part may be the
subject of an appeal before the Court.
PART V–UTILITY MODEL CERTIFICATES
Application
of provisions
relating to
patents.
35. (1)
Section 36 of this Act shall apply, with such
modifications as are necessary, to utility model certificates or
applications for utility model certificates.
(2) Where the right to a patent conflicts with the right to
a utility model certificate, the case referred to in sections 6 to 9 shall
apply as if the word "patent" were replaced by the words "patent or
utility model certificate".
Special
provisions
relating to
utility model
certificates.
36. (1) An invention qualifies for a utility model certificate if
it is new and industrially applicable.
(2) Sections 1 and 3 do not apply in the case of an
invention for which a utility model certificate is requested.
(3) A utility model certificate shall expire, without a
possibility of renewal, at the end of the seventh year after the date of
the filing of the application.
(4) Section 12 does not apply in the case of utility model
certificates.
(5)
In proceedings under section 65, the Court shall
invalidate the utility model certificate on the following grounds:-
No. 10
Patents and Industrial Designs Act
23
2012
(a) � that the claimed invention did not qualify for
a utility model certificate, having regard to
subsections (1) and (2) of section 2, and
subsection (1) of section 4;
(b) � that the description and the claims do not
comply with the requirements prescribed by
subsection (5) or (6) of section 10; or
(c) � that any drawing which is necessary for the
understanding of the invention has not been
furnished; or
(d) � that the owner of the utility model certificate
is not the inventor or the inventor's successor
in title.
(6) Subsection (2) of Section 65 does not apply in a case
of the utility model certificate.
37. (1) Prior to the grant or refusal of a patent, an applicant for Conversion of
a patent may, upon payment of the prescribed fee, convert the patent
applications
applicant's application into an application for a utility model or
certificate, which shall be accorded the filing date of the initial aplplications
for utility
application.
model
certificates.
(2) Prior to the grant or refusal of a utility model certificate,
an applicant for the utility model certificate may, upon payment of the
prescribed fee, convert the applicant's application into a patent
application, which shall be accorded the filing date of the initial
application.
(3) Subject to this Act, an application shall not be
converted under subsection (1) more than once.