A.40 Processing of international applications (2) If the applicant does not comply with subsection (1), the international application shall be considered to be withdrawn. (3) The Registrar may, on an application made before or after expiry of 30 months from the date of filing of an international application, extend the time limit for a further period not exceeding three months. 41. (1) In processing an international application, the Office shall apply the provisions of the Patent Cooperation Treaty, the Regulations and administrative instructions issued under that Treaty, and the provisions of this Act and its regulations. (2) When processing an international application, the Patent Cooperation Treaty, its Regulations and the administrative instructions issued under it shall, in the event of any conflict, prevail over this Act and its regulations. PART IV – Utility Model Certificates Applicability of provisions relating to patents Duration of utility model certificate 42. The provisions of Part II and III, except section 22 (2), shall with necessary modifications apply to utility model certificates and applications. 43. A utility model certificate shall expire seven years after the filing date of the application. Conversion of application for utility model certificate into application for patent 44. (1) At any time before the grant or refusal of a utility model certificate, an applicant may, upon payment of the prescribed fee, convert his or her application for a utility model certificate into an application for a patent, and the latter application shall be accorded the filing date of the initial application. (2) No person may convert an application under subsection (1) more than once. PART V – Industrial Designs Registrable industrial design 45. (1) An industrial design (hereinafter referred to as “a design”) shall be capable of being registered if it is new. (2) A design shall be deemed to be new if it has not been disclosed to the public anywhere in the world by publication in a tangible form, or by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration of such design. (3) Disclosure of information claimed in an application for registration of a design which would otherwise affect the registrability of a design shall not affect the registrability of that design where the information was disclosed as provided in section 8 (6). (4) A design which is contrary to public order or morality shall not be registered. (5) A design shall not be registered where it consists entirely of features dictated solely by functional or technical considerations; however, the degree of freedom of the designer in developing his or her design shall be taken into consideration.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents