Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 8

Request to record a designated patent application under section 15 of the Ordinance

(Past version on 01/06/2002).
(Past version on 30/06/1997).

Request to record a designated patent application

(1) A request to record a designated patent application under section 15 of
the Ordinance (or, in the case of a designated patent application that is the
national phase of an international application under the Patent Cooperation
Treaty, under that section as applied by section 16 of the Ordinance) shall be
in the specified form.

(2) Further to section 15(2) of the Ordinance (including that section as
applied by section 16 of the Ordinance)-

   (a)  the documents required under paragraph (a) of that subsection-

        (i)    shall be filed in accordance with section 12 of these Rules;
               (L.N. 37 of 2004)

        (ii)   shall be exempted from any requirement under section 104(1) of
               the Ordinance to be filed in one of the official languages;

   (b)  the documents prescribed for the purposes of paragraph (d) of that
        subsection are those mentioned in section 9 of these Rules;

   (c)  the following particulars shall be set out in the request-

        (i)    the date of filing of the designated patent application;

        (ii)   the title of the invention;

        (iii)  the application number of the designated patent application;

        (iv)   the publication number (if any) assigned to the designated
               patent application by the designated patent office, and the
               date (if any) of its publication by the designated patent
               office; (L.N. 48 of 2002)

   (d)  if the designated patent application is the national phase of an
        international application, the following particulars shall be set out
        on the request-

        (i)    the application number of the international application;

        (ii)   the filing date of the international application;

        (iii)  the date of publication of the international application by the
               International Bureau and its publication number;

        (iv)   the date of publication of the international application in the
               designated patent office indicating that the application has
               validly entered its national phase;

        (v)    in the case of an international application designating the
               State Intellectual Property Office as published by the
               International Bureau in the Chinese language, 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; (2 of 2001 s. 18)

   (e)  in the case of a request to record a divisional designated patent
        application as provided for in section 22 of the Ordinance or a
        request to record in a new application made pursuant to an order under
        section 55(4) of the Ordinance, the following particulars in relation
        to the earlier application for a standard patent shall be set out in
        the request to record-

        (i)    the application number of the earlier application;

        (ii)   the filing date of the earlier application;

        (iii)  the date of publication of the request to record of the earlier
               application;

   (f)  the request shall contain such translations of documents and
        transliteration of names as may be required under section 56 of these
        Rules;

   (g)  the request shall contain a list of the documents comprising the
        request to record and an indication of the number of sheets of each
        such document.