TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 177

Clause

(2)

4.

(1)

(2)

Note

(For example: where A an inventor in HK gives B the right to apply in the EPO but retains the rights in HK, or where B an inventor in UK applies in the EPO and assigns the rights in HK only to A, or where A and B are joint applicants in the EPO but only A applies in HK, A's application in HK must be with B's agreement evidenced by an acknowledgement form as to which see Clause 4(2)(b)).

An applicant making a request to record or an application for grant of a HK patent or any person aggrieved may refer before grant to the Registrar the question of whether he has the right to apply under Clause 3(1). Any person may oppose this and give notice to the Registrar who may determine the question. The Registrar may if he thinks fit or at the request of either party refer the matter to the court for decision. Any decision of the Registrar under this clause may be appealed to the court.

Request to record a European Patent Application

A person entitled under Clause 3 above may within six months of the date of publication of the EPA by the EPO request the Registrar to enter a recordal of that EPA in the register (request to record).

A request shall be in the prescribed form and shall be accompanied by :

(a)

a certified copy of the EPA which shall contain the title of the invention, a description of the invention, one or more claims, any drawings referred to in the description or the claims and an abstract together with the search report;

(b)

an acknowledgement by the applicant and his successor in title who has made the EPA of the right of the applicant to make the request to record in HK;

(c)

an assignment document if an acknowledgement form is not lodged;

105

Notes