Invalidation of utility model certificate

(1) Subject to the provisions of this Act, the Court may, on the application of any interested person, invalidate a utility model certificate on any of the following grounds– (a) that the invention relating to the certificate is– (i) not new or industrially applicable; or (ii) contrary to public order or morality; (b) that the description and claim or claims do not disclose the invention in a manner which is sufficiently clear and complete to permit a person having ordinary skill in the art to carry out the invention, and do not indicate at least 46 one model known to the applicant for carrying out the invention; (c) that the claim or claims do not define the matter for which protection is sought; (d) that the claim or claims are not clear or concise and are not fully supported by the description; (e) that the drawings necessary for the understanding of the invention have not been filed as required under this Act; and (f) that the person to whom the utility model certificate has been granted is not the inventor or his successor in title. (2) An application for the invalidation of a utility model certificate shall be served on the person to whom the certificate has been issued and filed with the Court in the manner and time prescribed. (3) The Registrar of the Supreme Court shall notify the Registrar of the decision of the Court to invalidate a utility model certificate and the Registrar shall forthwith record it and publish a reference thereto in the Journal.