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22 No. 10 Evidence of request for licence. 33. (1) A request for the Minister's authorisation shall be accompanied by evidence that the owner of the patent has received, from the person seeking the authorisation, a request for a contractual licence, but such person has been unable to obtain such a licence on reasonable commercial terms and conditions and within a reasonable time. Patents and Industrial Designs Act 2012 (2) Subsection (1) shall not apply in cases of national emergency or other circumstances of extreme urgency: but in such cases the owner of the patent shall be notified of the Minister's decision as soon as reasonably practicable. Right of appeal. 34. The decisions of the Minister under this Part may be the subject of an appeal before the Court. PART V–UTILITY MODEL CERTIFICATES Application of provisions relating to patents. 35. (1) Section 36 of this Act 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, the case referred to in sections 6 to 9 shall apply as if the word "patent" were replaced by the words "patent or utility model certificate". Special provisions relating to utility model certificates. 36. (1) An invention qualifies for a utility model certificate if it is new and industrially applicable. (2) Sections 1 and 3 do not apply in the case of an invention for which a utility model certificate is requested. (3) 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. (4) Section 12 does not apply in the case of utility model certificates. (5) In proceedings under section 65, the Court shall invalidate the utility model certificate on the following grounds:- No. 10 Patents and Industrial Designs Act 23 2012 (a) � that the claimed invention did not qualify for a utility model certificate, having regard to subsections (1) and (2) of section 2, and subsection (1) of section 4; (b) � that the description and the claims do not comply with the requirements prescribed by subsection (5) or (6) of section 10; or (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. (6) Subsection (2) of Section 65 does not apply in a case of the utility model certificate. 37. (1) Prior to the grant or refusal of a patent, an applicant for Conversion of a patent may, upon payment of the prescribed fee, convert the patent applications applicant's application into an application for a utility model or certificate, which shall be accorded the filing date of the initial aplplications for utility application. model certificates. (2) Prior to the grant or refusal of a utility model certificate, an applicant for the utility model certificate may, upon payment of the prescribed fee, convert the applicant's application into a patent application, which shall be accorded the filing date of the initial application. (3) Subject to this Act, an application shall not be converted under subsection (1) more than once.

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