Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 48

Correction of errors in patents and applications under section 146 of the Ordinance

(Past version on 30/06/1997).

(1) Except where section 45(3) has effect, a request for the correction of an
error of translation or transcription or of a clerical error or mistake in any
specification of a patent, in an application for a patent or in any document
filed in connection with a patent or such an application shall—

   (a)  be in the specified form;

   (b)  clearly identify the proposed correction; and

   (c)  be accompanied by the prescribed fee, and the Registrar may, if he
        thinks fit, require that the correction be shown on a copy of the
        document of which correction is sought.

(2) Where such a request relates to a specification, no correction shall be
made in the specification unless the correction is obvious in the sense that
it is immediately evident that nothing else would have been intended than what
is offered as the correction.

(3) Where the Registrar requires notice of the proposed correction to be
advertised, he shall advertise the request and the nature of the proposed
correction in the official journal. (2 of 2001 s. 19)

(4) At any time within 2 months after the date of the advertisement, any
person may give notice to the Registrar of opposition to the request.

(5) Such notice shall be in the specified form, shall be supported by a
statement setting out fully the facts on which the opponent relies and the
relief which he seeks and shall be accompanied by the prescribed fee. (L.N. 37
of 2004)

(6) The opponent shall, at the same time as he files the notice, send a copy
of the notice and the statement to the person making the request. (L.N. 37 of
2004)

(6A) If the person making the request desires to proceed with the request, he
shall, within 3 months from the date of the sending of the copies to him—

   (a)  file a counter-statement in the specified form setting out fully the
        grounds on which he contests the opposition;

   (b)  pay the prescribed fee; and

   (c)  send a copy of the counter-statement to the opponent. (L.N. 37 of
        2004)

(7) The Registrar may give such directions as he may think fit with regard to
the subsequent procedure.