Hong Kong Ordinances

PATENTS ORDINANCE - SECT 26

Examination as to formal requirements of the request for registration and grant

(1) If a request for registration and grant has been accorded a date of filing
and is not deemed to be withdrawn by virtue of section  23 (5), the Registrar
shall examine whether the requirements of section
23(3) and (4) ("the formal requirements") have been satisfied.

(2) Where the Registrar notes that there are deficiencies as regards
the formal requirements which may be corrected, he shall give the applicant an
opportunity to correct them in accordance with the rules.

(3) If-

   (a)  there are deficiencies as regards the formal requirements which cannot
        be corrected the application for a standard patent shall be refused;

   (b)  any deficiencies as regards the formal requirements noted in the
        examination are not corrected in accordance with the rules then,
        except as provided in subsection (4), the application for a standard 
        patent shall be refused or, if no steps are taken to correct the
        deficiencies, shall be deemed to be withdrawn.

(4) If a deficiency relating solely to a claim to any right of priority is not
duly corrected then such right shall be lost for the application. [cf. EPC
Art. 91]