Hong Kong Ordinances

PATENTS ORDINANCE - SECT 23

Filing of request for registration and grant

Request for registration and grant

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

   (a)  a designated patent application has been recorded in the register and
        a request to record has been published and the request to  record is
        not refused or deemed withdrawn or abandoned (whether under this Part
        or Part III); and

   (b)  a patent has been granted in the designated patent office in pursuance
        of the designated patent application, the applicant or his successor
        in title may, subject to subsection (2), request the Registrar to
        register the designated patent so granted and to grant a
        standard patent for the invention shown in the published specification
        of the designated patent (in this Ordinance referred to as a

"request for registration and grant").

(2) A request for registration and grant under subsection (1) shall be made
within 6 months after the date of grant of the designated patent by the
designated patent office or publication of the request to record, whichever is
the later.

(3) Every such request shall be filed with the Registrar in the prescribed
manner and shall contain-

   (a)  a verified copy of the published specification of the
        designated patent, including the description, the claims and any
        drawings published by the designated patent office;

   (b)  if the person filing the request is a person other than the person
        named in the register as the applicant for a standard patent for the
        invention, a statement explaining the first-mentioned person's
        entitlement to apply for the grant of a standard patent for the
        invention and prescribed documents supporting that statement;

   (c)  where the request to record contains a statement under section  15
        (2)(e) to the effect that priority is claimed on the basis of a right
        of priority claimed in the designated patent office, such copies as
        may be prescribed of the documents filed in the
        designated patent office claiming and supporting such right of
        priority.

(4) Every such request shall also comply with the requirements of this
Ordinance as to the provision of information in, or the translation of
documents into, one or both official languages.

(5) A filing fee and an advertisement fee shall be payable within 1 month
after the earliest filing of a part of the request for registration 
and grant, and if either fee is not paid within that period or within such
further period as may be allowed under subsection (6) the application for 
a patent shall be deemed to be withdrawn.

(6) Rules may provide for a period of grace within which a filing fee or
advertisement fee that has not been paid within the time limit specified in
subsection (5) may still be validly paid.

(7) Nothing in this section shall preclude a request for 
registration and grant being initiated in accordance with section 24.