0
Clause
12.
Entry of request to record on register and publication
(1)
(2)
After the formal examination and the making good of deficiencies, including the filing of the search report except where it cannot be filed in the circumstances outlined in Clause 11(4), the Registrar shall publish the request and enter it in the register and as soon as possible advertise this fact and the date of publication, as well as the abstract and drawing, in the Gazette.
Where a certified copy of the search report is lodged within the additional time allowed by the Registrar under Clause 11(4) & (5) above, the Registrar shall publish the search report and make the relevant entry on the register. As soon as possible thereafter the Registrar shall advertise that fact in the Gazette.
13.
Provision for request to record in the
event of a divisional application
(1) If, after recordal and publication of the request in Hong Kong under Clause 12 above, the EPA is divided in the EPO under Article 76 of the EPC the applicant must, if protection is required, make a request to record such divisional EPA in accordance with Clause 4 above within 6 months of the publication of the divisional EPA application.
14.
(1)
(2)
Application for grant of a HK Patent
A person entitled under Clause 3 may within six months of the grant of the corresponding EP patent by the EPO apply to the Registrar for the grant of a HK patent where request to record the EPA relating to that EP patent has been entered on the register and published under Clause 12(1) and where applicable Clause 12(2).
An application shall be in the prescribed form and shall be accompanied by :
(a)
a certified copy of the corresponding EP patent which contains the title of the invention, description of the invention, one or more claims, any drawings referred to in the description of the claims and abstract;
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Notes