Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 18

Request to record divisional designated patent application under section 22 of the Ordinance

(1) A request to record a divisional designated patent application
("new request to record") under section 22(1) of the Ordinance shall, except
as mentioned below, be filed in accordance with section 15(2) of the
Ordinance.

(2) The relevant provisions of the Ordinance or these Rules concerning the
filing date and compliance with the formalities shall be considered on the
basis of the actual date of filing of the new request to  record and not on
the basis of the date of filing of the earlier request to record.

(3) The provisions of sections 8 to 17 shall apply as if references in those
sections to a designated patent application are references to a divisional
designated patent application.

(4) Where possible, the description and drawings of the earlier request to
record and the new request to record shall respectively relate only to the
matter for which protection is sought by that request to record; however where
it is necessary for a request to record to describe the matter for which
protection is sought by reference to another request to record, such reference
shall include the application number assigned to that other request to record
and shall indicate the matter for which protection is claimed in the other
request to record.