§ 13.25. Restoration of Right of Priority
a) Where the international application claims the priority of an earlier application and has an
international filing date which is later than the date on which the priority period expired but within
the period of two months from that date, the Office shall, upon request of the applicant in
accordance with the regulations to this Part, restore the right of priority with respect to that
international application if the Office finds that the failure to file the international application
within the priority period was unintentional or occurred in spite of due care required by the
circumstances having been taken.
b) The Office shall not refuse, totally or in part, a request for restoration of right of priority without
giving the applicant the opportunity to make observations on the intended refusal within a time
limit, which shall not be less than three months counted from the date of notification.
§13. 26. Processing International Applications in Accordance with the Patent Cooperation Treaty
a) The Office shall process international applications in accordance with the provisions of the Patent
Cooperation Treaty, the Regulations established thereunder and the Administrative instructions
under those Regulations and with the provisions of this Part and the regulations thereunder. In the
event of conflict, the provisions of the Patent Cooperation Treaty, the Regulations thereunder and
the Administrative Instructions under those Regulations shall apply.
b) Further details concerning the processing of international applications by, and other functions of,
the Office in connection with the Patent Cooperation Treaty, including fees payable, time limits,
prescribed languages and other requirements in relation to international applications, may be
included in the regulations.
§13.27. Utility Models (Applicability of provisions relating to patents)
The provisions of this Part shall apply mutatis mutandis to utility models certificates or applications
thereof.
§13.28. Special Provisions Relating to Utility Model Certificates
a) An invention qualifies for a utility model certificate if it is new and industrially applicable.
b) The provisions of this Act on patentable inventions and inventive steps, however, shall not apply to
utility model certificates.
c) A utility model certificate shall expire at the end of the 10th year after the date of the grant of the
utility model, and shall not be renewable.
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