No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
55
INDUSTRIAL PROPERTY ACT, 2012
(a)
that the claimed utility model does not qualify for a utility model
certificate, having regard to subsection (1) and sections 14(1) and (2),
16, 18, 86(1) and 88(1);
(b)
that the description and the claims do not comply with the requirements
under section 24(4) or (5) and any prescribed requirements;
(c)
that any drawing which is necessary for the understanding of the utility
model has not been furnished;
(d)
that the owner of the utility model certificate is not the inventor or his
or her successor in title.
(6)
Section 65(3) does not apply in the case of a utility model certificate.
Duration of utility model certificate
88.
(1)
A utility model certificate expires at the end of the seventh year
after the date of the filing of the application.
(2)
No annual fee is payable during the term referred to in subsection (1).
Surrender, invalidation and revocation of utility model certificate
89.
Subject to section 87, the provisions of sections 64 to 68 do apply,
with the necessary changes, in regard to the surrender or invalidation of a utility model
certificate as if a utility model is an invention and a utility model certificate or an
application therefore is a patent or an application therefore, as the case may be.
Conversion of application for utility model certificate or applications for patent
90.
(1)
At any time before the grant or rejection 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, which latter application must be accorded
the filing date of the initial application.
(2)
At any time before the grant or rejection 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 an application for a patent, which latter application
must be accorded the filing date of the initial application.
(3)
once.
No person may convert an application under subsection (1) or (2) more than
PART 15
GENERAL
Appeals
91.
(1)
The Tribunal has jurisdiction in all cases of dispute relating to
the matters provided for in this Chapter, and in all matters which under this Chapter may
be referred to the Tribunal.