Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 15

Date of publication of the designated patent application based on an international application under section 16 of the Ordinance

(Past version on 30/06/1997).

(1) For the purposes of section 15(1) of the Ordinance, and despite section
5(2)(d)(ii) of the Ordinance, the date of publication of the designated patent
application based on an international application under section 16 of the
Ordinance shall be-

   (a)  in the case of an international application designating the
        European Patent Office, the date of publication by the
        European Patent  Office in its Bulletin of the relevant
        bibliographical data showing that the international application has
        entered the national phase in the European Patent Office;

   (b)  in the case of an international application designating the
        United Kingdom Patent Office, the date of publication by the United 
        Kingdom Patent Office in its Official Journal (Patents) of the
        relevant bibliographical data showing that the international
        application has entered the national phase in the
        United Kingdom Patent Office;

   (c)  in the case of an international application designating the
        State Intellectual Property Office as published by the International
        Bureau other than in the Chinese language, the date of publication by
        the State Intellectual Property Office in its Patent Gazette of the
        relevant bibliographical data showing that the international
        application has entered the national phase in the
        State Intellectual Property Office.

(2) (a) For the purposes of section 15(1) of the Ordinance, and despite
section 5(2)(d)(ii) of the Ordinance, the other date as referred to in section
16(a)(ii) of the Ordinance which is applicable to the case of an international
application designating the State  Intellectual Property Office as published
by the International Bureau in the Chinese language is any date within 6
months after the date of the issuance (發文日) of the National Application
Notification (國家申請號通知書) by the
State Intellectual Property Office.

   (b)  An application made within the date as set out in paragraph (a) shall
        be accompanied by a copy of the National Application Notification
        (國家 申請號通知書).

(2 of 2001 s. 18)