Act 3	

Industrial Property Act

2014

(2) Where the right to a patent conflicts with the right to a utility
model certificate in the case referred to in section 17 (3), that
provision shall apply as if the word “patent” were replaced by the
words “utility model certificate”.
(3) A certificate of utility model is prima facie evidence that the
holder is the registered owner of a utility model with the registrar.
69.	 Special provisions relating to utility model certificates.
(1) An invention qualifies for a utility model certificate if it is
new and industrially applicable.
(2) Sections 9, 11, 30, 31 and 46 shall not apply in the case of
applications for utility model certificates.
(3) A utility model certificate shall expire at the end of the tenth
year after the date of the grant of a utility model and is not renewable.
70.	 Conversion of patent applications to application for utility
model certificates, and vice versa.
(1) At any time before the grant or refusal of a patent an
applicant for a patent may, upon payment of the prescribed fee,
convert his or her application into an application for a utility model
certificate, and the utility model certificate shall be accorded 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 or her application into a
patent application, which shall be accorded the filing date of the
initial application.
(3) An application may not be converted under subsections (1)
and (2) more than once.
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