Hong Kong Ordinances

PATENTS ORDINANCE - SECT 22

Provision for request to record in the event of a divisional designated patent application

(1) Where in an application for a standard patent-

   (a)  a request to record has been published under section 20 and has not
        been refused, withdrawn or deemed to be withdrawn; and

   (b)  the applicant for the corresponding designated patent  application or
        his successor in title has filed in the designated patent
office a divisional patent application ("a divisional corresponding designated
patent application"), that is to say, an application for a  patent which-

        (i)    is in respect of the same subject-matter and does not extend
               beyond the contents of the
               corresponding designated patent application as filed in the
               designated patent office;

        (ii)   has as its date of filing the date of filing of the
               corresponding designated patent application; and

        (iii)  enjoys the same benefit of any right of priority as the
               corresponding designated patent application, the applicant may
               within 6 months after the date of publication of the divisional
               designated patent application or publication of the request to 
               record under this Ordinance, whichever is the later, request
               the Registrar to enter a record of that divisional
               designated patent application in the register.

(2) Where a request to record a divisional designated patent  application is
filed under this section-

   (a)  it shall be deemed to have been filed on the date of filing of the
        earlier request to record and the application for a standard patent
        shall have the benefit of any right of priority;

   (b)  subject to paragraph (a), the provisions of this Ordinance shall apply
        to such a request as they apply to a request to record filed under
        section 15(1).

(3) For the purpose of the application of the other provisions of this
Ordinance to this section-

   (a)  any reference in those other provisions to a corresponding 
        designated patent application shall be read as a reference to the
        divisional designated patent application mentioned in subsection
        (1)(b);

   (b)  any reference in those other provisions to a corresponding 
        designated patent shall be read as a reference to the
        designated patent granted in pursuance of the divisional
        designated patent application. [cf. EPC Art. 76; 1992 No. 1 s. 24
        Eire; 1977 c. 37 s. 15 U.K.]