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Chapter XV Deletion of a utility model registration and administrative examination 54. (1) A request under section 34 of the Utility Models Act shall be filed with the Patent Office and shall include: (i) name or firm name and mailing address of the person making the request, (ii) the registration number of the utility model which the request relates to as well as the utility model proprietor's name or firm name and the title of the creation, and (iii) if the person making the request is represented by an agent, such agent's name or firm name and mailing address. (2) A request for deletion in whole or in part under section 34(1) and (2) of the Utility Models Act shall be made on one of the grounds referred to in section 34(1) of the said Act. (3) If a request for deletion is made on the ground that registration has not taken place pursuant to section 3 of the Utility Models Act, such request shall be accompanied by documentation to prove this, cf. section 34(2) of the Utility Models Act. (4) A request made under section 34 of the Utility Models Act shall be accompanied by the prescribed fee. 55. (1) If the request does not comply with the provisions in section 34 of the Utility Models Act and section 54(1)(i) to (ii), and subsection 4 of this Order, the request shall be refused. (2) Where the claim of extinction does not comply with the provisions of section 54(1)(iii), subsection 2 or 3, the Patent Authority shall give notification hereof to the person having made the claim and shall urgently request that the person rectifies the shortcomings pointed out within 1 month. Where the claim is not rectified within the time stated, it shall be rejected. (3) Where a claim of examination does not comply with the provisions of section 54(1)(iii) of this Order the Patent Authority shall give notification hereof to the person having made the request for examination and shall urgently advise the person to rectify the shortcomings pointed out within 2 months. Where the claim is not rectified within the time stated, it shall be rejected. 56. (1) A request filed under section 34 of the Utility Models Act shall be advertised. The advertisement shall state the name or firm name of the utility model proprietor, the date of filing and number of the application, the registration number and classes of the utility model, the title of the creation, the name or firm name of the person who made the request and the registration date of the utility model. (2) An entry of a request filed under section 34 of the Utility Models Act shall be made in the Register of Utility Models. 57. (1) If the request for deletion or examination has been filed by any other persons than the proprietor of the utility model, a copy of all contributions with accompanying documents shall be sent to the proprietor of the utility model who shall be invited, if necessary, to submit description, utility model claims and drawings or photos as amended within 2 months. (2) If the proprietor of the utility model replies to the request, the Patent Authority shall decide whether additional correspondence between the parties is necessary. 58. If, after the submission of a request under section 34 of the Utility Models Act, the Patent Authority establishes any objections to registration, and registration is consequently to be deleted, the parties shall be notified to that effect by way of a decision stating the grounds. The same shall apply if a request for deletion or examination has been made by others than the proprietor of the utility model, and the Patent Authority finds that the utility model registration may be maintained in unamended form. 59. (1) If the request for deletion or examination has been submitted by any other persons than the proprietor of the utility model, the Patent Authority shall, before deciding to maintain the utility model registration as amended, notify the parties to that effect and ask the proprietor of the utility model to submit his observations within 2 months, if he does not agree to the text on the basis of which the Patent Authority intends to maintain the utility model registration. (2) If, after expiry of the time limit, the proprietor of the utility model proves to disagree with the text on the basis of which the Patent Authority intends to maintain the utility model registration, processing of the request may be continued. Otherwise, the proprietor shall be asked to pay the fee for publication of notice of the amendment within 1 month. (3) The decision to maintain the utility model registration as amended shall state the text on the basis of which the utility model is maintained. 60. (1) Publication of new utility model specifications with description, drawings or photos and utility model claims as amended shall be effected by the Patent Office and shall commence as soon as possible after payment of the fee for publication of notice of the amendment. (2) Advertisement of the decision made in respect of a request under section 34, cf. section 36, of the Utility Models Act, shall also indicate the utility model proprietor's name or firm name, the date of filing and number of the application, the registration number and classes of the utility model, the title of the creation and the registration date of the utility model. (3) An entry of the decision made in respect of a request under section 34 of the Utility Models Act shall be made in the Register of Utility Models.

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