Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 29

Rectification of deficiencies and removal of doubts in maintenance documents

(1) If the Registrar-

   (a)  notes deficiencies in a maintenance application under section 33(2) of
        the Ordinance; or

   (b)  has reason to doubt the veracity of any statement in the maintenance
        application, he shall communicate those deficiencies or doubts to the
        applicant and inform him that the maintenance application shall be
        refused unless the applicant remedies the deficiencies or removes the
        doubts within a period of 2 months from the date of such
        communication.

(2) The Registrar may, upon request by the applicant presented before the
expiry of such period and payment of the prescribed fee, grant an extension of
that period for a further 2 months.

(3) If in any particular case the Registrar is satisfied that the applicant's
failure to remedy the deficiencies or remove the doubts within the period
allowed under subsection (1) or (2) was wholly or mainly attributable to-

   (a)  a failure or undue delay in the postal services in Hong Kong or in the
        country, territory or area of the designated patent office; or

   (b)  any natural disaster or strike in Hong Kong or in the country,
        territory or area of the designated patent office, the Registrar may
        grant such further extension of that period, not exceeding 2 months,
        as he considers reasonable.

(4) If, upon consideration of the statements contained in a maintenance
application, the Registrar is not satisfied that a case for maintenance under
section 33 of the Ordinance has been made out, he shall notify the applicant
accordingly and, unless within 1 month the applicant requests to be heard in
the matter, the Registrar shall refuse the application.

(5) If the applicant requests a hearing within the time allowed, the Registrar
shall, after giving the applicant an opportunity of being heard, determine
whether the maintenance application shall be allowed or refused.