Section 17C. Patent and certificate for a utility innovation cannot both be granted for the same invention. (PATENTS ACT 1983

ACT 291
PATENTS ACT 1983

PART IV - PATENTABILITY

Section 17C. Patent and certificate for a utility innovation cannot both be granted for the same invention.

(1) If an applicant for a patent has also -

(a) made an application for a certificate for a utility innovation; or

(b) been issued with a certificate for a utility innovation,

and the subject-matter of the application for a patent is the same as the subject-matter of the application mentioned in paragraph (a) or of the certificate mentioned in paragraph (b), a patent shall not be granted until the application mentioned in paragraph (a) has been withdrawn or the certificate mentioned in paragraph (b) has been surrendered.

(2) If an applicant for a certificate for a utility innovation has also -

(a) made an application for a patent; or

(b) been granted a patent,

and the subject-matter of the application for a certificate for a utility innovation is the same as the subject-matter of the application mentioned in paragraph (a) or of the patent mentioned in paragraph (b), a certificate for a utility innovation shall not be granted until the application mentioned in paragraph (a) has been withdrawn or the patent mentioned in paragraph (b) has been surrendered.

[Ins. Act A863: s.9]