PART II—UTILITY MODEL CERTIFICATES
Section 16—Applicability of Provisions Relating to Patents.
(1) Subject to section 17, the provisions of Part I 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 in the
case referred to in section 4(3), the provision shall apply as if the word “patent” were
replaced by the words “patent or utility model certificate”.
Section 17—Special Provisions Relating to Utility Model Certificates.
(1) An invention qualifies for a utility model certificate if it is new and industrially
applicable.
(2) Section 3(1) and (5) does not apply in the case of an invention for which utility model
certificate is requested.
(3) Section 9 (7) does not apply in the case of applications for utility model certificates.
(4) 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.
(5) With the exception of subsection (3), section 12 (1) does not apply in the case of
utility model certificates.
(6) In proceedings under section 15, the court shall invalidate the utility model certificate
on the following grounds
(a) that the claimed invention did not qualify for a utility model certificate, having regard
to subsection (1), section 3 (2), (3) and (6);
(b) that the description and the claims do not comply with the requirements prescribed by
section 5 (5), (6) or (7);
(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.
(7) Section 15 (2) does not apply in the case of a utility model certificate.