ANNEX II
UTILITY MODELS
TITLE I
GENERAL PROVISIONS
Article 1
Definition and Criteria
Within the meaning of this Annex, utility models protected by registration certificates
granted by the Organization shall be implements of work or objects to be utilized or parts of
such implements or objects in so far as they are useful for the work or employment for which
they are intended on account of a new configuration, a new arrangement or a new component
device, and are industrially applicable.
Article 2
Novelty
(1) The implement or object or the parts of the one or the other as specified in Article 1
above shall not be considered new if, on the date of the filing of the application for
registration with the Organization, they have been described in publications or if they have
been publicly used on the territory of a member State.
(2) The novelty referred to in paragraph (1) above shall not be denied if, during the
twelve months preceding the date specified in paragraph (1) above, the implement or object or
the parts of the one or the other have been the subject of a disclosure resulting from
(a) an obvious violation committed against the applicant or his predecessor in title; or
(b) the fact that the applicant or his predecessor in title has displayed them at an official
or officially recognized international exhibition.
Article 3
Industrial Applicability
A utility model shall be considered industrially applicable if it can be made or used in
any kind of industry. The term “industry” shall be understood in its broadest sense; in
particular it shall cover handicraft, agriculture, fishery and services.
Article 4
Subject Matter Not Qualifying
for Utility Model Protection
The following may not be registered as a utility model:
(1) A utility model according to Article 1 of this Annex that is contrary to public policy
or morality, public health, the national economy or national defense, provided that the
exploitation of the said model shall not be considered contrary to public policy or morality
merely because it is prohibited by law or regulation.
(2) No utility model may be protected under this Annex if it has already been the
subject of a patent or a utility model registration based on a prior application or an application
validly claiming an earlier priority.