The Industrial Property Act, 2001
Applicability of
provisions
relating to
patents
42
81. (1) Subject to section 82, the provisions of Part III, IV, V, VII, VIII, IX,
X, XI, XV and XVI shall apply, mutatis mutandis, to utility model
certificates or applications thereof, as the case may be.
(2) Where the right to a patent conflicts with the right to a utility model
certificate in the case referred to in section 30(3), the said provision shall
apply as if the word “patent” were replaced by the words “utility model
certificate.”
Special
provisions
relating to utility
model certificates
82. (1) An invention qualifies for a utility model certificate if it is new and
industrially applicable.
(2) Sections 22, 24, 43, 44 and 60 shall not apply in the case of an
application for utility model certificates.
(3) A utility model certificate shall expire at the end of the tenth year after
the date of the grant of the utility model, and shall not be renewable.
Conversion of
patent
applications to
applications for
utility model
certificates, and
vice versa.
83. (1) At any time before the grant or refusal of a patent an applicant for a
patent may, upon payment of the prescribed fees, convert his application into
an application for a utility model certificate, which shall be accorded the
filing date of the initial application.
(2) At any time before the grant or refusal of a utility model certificate, an
applicant for a utility model certificate may, upon payment of the prescribed
fees, convert his application into a patent application, which shall be
accorded the filing date of the initial application.
(3) An application may not be converted under subsection (1) more than
once.
PART XII - INDUSTRIAL DESIGNS
Definition of an
industrial design
84. (1) For the purposes of this Part, “an industrial design” means any
composition of lines or colours or any three dimensional form, whether or
not associated with lines or colours:
Provided that such composition or form gives a special appearance to a
product of industry or handicraft and can serve as a pattern for a product of
industry or handicraft.
(2) The protection under this Act shall not extend to anything in an
industrial design which serves solely to obtain a technical result.
Right to
industrial design;
naming of
85. (1) Subject to the provisions of any other written law, the creator of an
industrial design or his successors in title shall have the exclusive right to