Clause
2
(2)
(3)
Ordinance has not been made prior to that date. This clause will provide that such proprietor may apply for the grant of a HK patent, within a specified time period after the commencement date, under Clause 14 by relying on the UK patent in substitution for the EP patent and without making a request to record.
UK application published but not granted before the commencement date
This clause will provide that if a UK application has been published but not granted before the commencement date then the applicant for the UK patent may obtain a HK patent :
-
(a) by making a request to record under Clause 4, within a specified period of time after the commencement date, by relying on the UK application in substitution for the EPA followed by an application for a HK patent under Clause 14 relying on the UK patent in substitution for the EP patent; or
(b)
where the UK patent is granted within a specified period of time after the commencement date, by making an application to register a HK patent under Clause 14, within the specified time period, without first making a request to record.
UK application (unpublished) made but not published prior to the commencement date
This clause will provide that where an application has been made for an UK patent but it has not been published prior to the commencement date, an applicant may make a request to record under Clause 4 when the UK application is published followed by an application for a HK patent under Clause 14 when the UK patent is granted as if reference to a UK application and UK patent were substituted for an EPA and EP patent respectively.
141
Notes