Hong Kong Ordinances

PATENTS ORDINANCE - SECT 16

Designated patent application based on international application

(Past version on 30/06/1997).

Where a designated patent application is the national phase of an
international application under the Patent Cooperation Treaty, then-

   (a)  for the purposes of section 15(1), and notwithstanding section  5
        (2)(d)(ii), the date of publication of the
        designated patent application shall be-

        (i)    the date of such publication in the designated patent office as
               serves to indicate that the international application has
               validly entered its national phase in the
               designated patent office; or

        (ii)   such other date as may be prescribed in rules, being a date not
               earlier than the date on which the international application
               has validly entered its national phase in the
               designated patent office;

   (b)  reference in section 15(2)(a) to a photocopy of the designated 
        patent application shall be read as reference to-

        (i)    a photocopy of the international application as published by
               the International Bureau;

        (ii)   a photocopy of any translation of the international 
               application published by the designated patent office; and

        (iii)  a photocopy of any publication of information in the
               designated patent office concerning the
               international application;

   (c)  (Repealed 2 of 2001 s. 4)

   (d)  section 17(1)(c) shall have effect in such manner as may be specified
        in rules made for the purposes of this section.