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RULES AND REGULATIONS ON
INTER PARTES PROCEEDINGS
[PETITION FOR CANCELLATION OF A MARK, PATENT, UTILITY MODEL,
INDUSTRIAL DESIGN, OPPOSITION TO REGISTRATION OF A MARK AND COMPULSORY LICENSING]
FULL TEXT
 
RULE  4 
CANCELLATION OF UTILITY MODEL REGISTRATION


Section 1. Grounds for cancellation of utility model registration.   At any time during the term of the utility model registration, any person, upon payment of the required fee, may petition the Director to cancel the utility model registration on any of the following grounds:  

    (a) That the claimed invention does not qualify for registration as a utility model and does not meet the requirements of registrability, in particular: 
      (1) if it is not new as provided in Sections 23 and 24 of the IP Code;  

      (2) if it is not industrially applicable as provided in Section 27 of the IP Code; or  

      (3) if it is excluded from patent protection as provided in Section 22 of the IP Code. 

    (b) That the description and the claims do not comply with the prescribed requirements; 
    (c) That any drawing which is necessary for the understanding of the invention has not been furnished; 
    (d) That the owner of the utility model registration is not the inventor or his successor in title; or 
    (e) That the utility model registration extends beyond the content of  the application as originally filed. 


Section 2. Procedure for the cancellation of utility model.  The procedure for the cancellation of patent shall apply mutatis mutandis to the cancellation of utility model.  


Section 3. Effect of cancellation of utility model registration.  The rights conferred by the registration of the utility model shall terminate upon the cancellation of such registration.  
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