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application shall be considered to be withdrawn.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.