application into an application for registration of a utility model, which shall be accorded the
filing date of the original application.
(b) At any time prior to the grant of a certificate of registration of a utility model or the
rejection of his application, the applicant for registration of a utility model may, after payment
of the prescribed fee, convert his application into a patent application, which shall be
accorded the filing date of the original application.
(2)(a) Where a patent application has been converted under paragraph (1)(a) above into
an application for registration of a utility model, it shall be deemed to have been withdrawn
and the Organization shall enter a “withdrawn” notice in the Register of Patents.
(b) Where an application for registration of a utility model has been converted under
paragraph (1)(b) above into a patent application, it shall be deemed to have been withdrawn
and the Organization shall enter a “withdrawn” notice in the Register of Utility Models.
(3) An application may not be converted more than once under paragraph (1).
Article 15
Unacceptability Due to Non-Payment
No application for registration of a utility model shall be acceptable if it is not
accompanied by a document attesting payment of the application and publication fees to the
Organization.
Article 16
Filing Date
The Organization shall grant as the filing date the date of receipt of the application,
written in one of its working languages, by the Ministry responsible for industrial property, or
where appropriate by the Organization, provided that, at the time of receipt, the application
contains
(a) an express or implicit indication that the grant of a certificate of registration of a
utility model is requested;
(b) information whereby the identity of the applicant may be established;
(c) a part which, at first sight, purports to be the description of an invention and one or
more claims;
(d) proof of payment of the prescribed fees.
Section II
Grant of Certificates of Registration
for Utility Models
Article 17
Transmittal of the Application for a Certificate
of Registration of the Utility Model
(1) Immediately after recording the application and within five working days of the
filing date, the Ministry responsible for industrial property shall transmit the package sent by
the applicant to the Organization, attaching a copy of the application, a certified copy of the
record of filing, the document attesting payment of the fees and, where applicable, the power
of attorney mentioned in Article 11 and the priority documents specified in Article 13 of this
Annex.