by providing for early publication may be lost if translations into English are not provided. We have accordingly provided in Clauses 4(2)(d) and 4(2)(b) that an applicant for a request to record and for a HK patent respectively should provide a translation into English of any part of the EPA or EP patent which is not in English.
10.11.
Specific provisions are included (see Clause 3(2)) to enable matters relating to who may apply for a request to record and for the grant of a HK patent to be settled before grant.
We recommend that application should be to the Registrar, subject to consideration of the relevant recourse requirements, but with the right of the Registrar to refer to the court where appropriate. We consider that these applications are likely to be procedural matters based on general principles of law rather than technical issues requiring specialised technological expertise and thus in the majority of cases would be capable of being settled by the Registrar. In such cases we consider it preferable that the parties should be able to have the question decided by the Registrar.
10.12.
We consider that a request to record should not be kept alive in Hong Kong in cases where either the EPA has been withdrawn in the EPO or the EP patent has been granted but application has not been made in Hong Kong for the grant of a HK patent within the prescribed period. An applicant will accordingly be required to maintain the entry of the request to record on the register after the expiration of the 4th year after the date of the request to record and annually thereafter by applying in the prescribed manner.
P
pl
T
10
re
ir
fi
= LE VÕI -
p
ir
ir
1
0
p
1
Publication
10.13.
It is envisaged that publication of the request to record and the HK patent when granted will mean that they will be laid open for inspection by the public at the Hong Kong Patent Registry (the registry) and that notice of publication together with other relevant information will be advertised in the Gazette.
Role of the Registrar
10.14.
The Registrar will be required to enter the request to record in the register and to grant the HK patent provided the applicant complies with the formal requirements.
Changes to the request to record
10.15.
An applicant may apply to the Registrar to record any changes to the request to record to reflect any changes or amendments to the EPA but is not under any obligation to do so.
94
1
I
1