invalidating the patent of utility model granted on the basis of the foreign application referred
to in paragraph (2) of this article.
Article 73: Conversion of a patent application into a utility model certificate application
and vice versa
The applicant may, at any time prior to the grant or refusal of a patent, and in return for the
payment of the prescribed fee, convert his application into a utility model certificate
application, and this new application shall enjoy the filing date of the original application.
An application may not be converted more than once.
SECTION 4: EXAMINATION; REGISTRATION
Article 74: According the filing date
The empowered authority shall accord, as the filing date, the date of receipt of the application,
provided that, at the time of receipt, the application contains:
1° an explicit or implicit indication that the grant of a patent of utility model is sought;
2° information allowing the identity of the applicant to be established;
3° a part which, on the face of it, appears to be a description of an invention of utility model;
4° a part of claims identifying one or more new element(s) of the invention of utility model.
Where the empowered authority finds that, at the time of receipt of the application, the
requirements of paragraph (1) of this article have not been satisfied, he shall invite the
applicant within a period of seven (7) days to file the required correction.
Where the applicant complies with the invitation referred to in paragraph (2) of this article,
the date of receipt of the required correction shall be considered as the date of application.
Where the application refers to drawings which are not included in the application, the
empowered authority shall accord, as the filing date, the date of receipt of the application and
shall treat any reference back to the said drawings as non-existent.
Article 75: Examination
After according a filing date, and having the invention classified according to the
International Classification, the empowered authority shall examine whether the application
complies with the requirements of Articles 23 and 24 of this Law, and the provisions of the
Administrative Regulations pertaining thereto, as well as the other requirements of this Law
and relevant administrative regulations which, under this Law, constitute formal requirements,
and shall examine whether information specifically requested under articles 30 and 31 of this
Law.