TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 179

Clause

7.

8.

(1)

(2)

9.

Preliminary examination as to minimum requirements of the request to record

After issue of the receipt the Registrar shall examine the documents to determine whether they satisfy the requirements for the giving of a date of request for entry in the register of pending applications.

Making good minimum requirements of the request to record

If a date of request under Clause 5 above cannot be given because of deficiencies, other than non-payment of the fee, the Registrar must where practicable give the applicant an opportunity to correct the deficiency within one month of being notified by the Registrar. This one month period cannot be extended. If the deficiency is not remedied within one month the request is deemed withdrawn. The fee is not refunded.

Note

(i)

(ii)

The request is not an application so as to be capable of being reactivated on a request for further processing under Clause 18 below nor is restitution under Clause 19 below available.

Where a request to record is deemed withdrawn under Clause 8(1) before the six months' time limit under Clause 4(1) above has expired a fresh request may be made.

Where the deficiencies are corrected within the one month period the date on which they are lodged so as to comply with the minimum requirements becomes the date of request.

Examination as to formal requirements of the request to record

Where a date of request has been given the request to record is examined by the Registrar to see that:

(a)

the date of request falls within the period of six months from the date of publication of the EPA or within the additional one month given by the Registrar under Clause 8(1) above; and

107

Notes