Article 79

An applicant for patent registration may, during examination of the patent application, change his request for registration to a utility model. Likewise, where the patent application is refused in whole or in part, the applicant may, within twenty days after notification of the decision of the Registration Authority, file his request for registration as a utility model with the Registration Authority. In that case, the time of protection of the utility model application is the same as the time of filing of the initial application.

Note 1 — Where the request for registration is changed from a patent to a utility model, the difference in fees shall not be refunded.

Note 2 — The applicant for utility model registration may, before the decision of the Registration Authority refusing or accepting the application, and upon payment of the difference in fees, change his request for registration to a patent, provided that it possesses the substantive conditions necessary for patent registration.

Note 3 — Simultaneous filing of a utility model application and a patent application is possible.