TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 180

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Clause

10.

(1)

(2)

(b)

the full requirements of Clause 4(2) have been met.

Making good deficiencies in formal requirements of the request to record

If the formal examination reveals deficiencies in the request, the Registrar must invite the applicant to remedy the deficiency within a time set by the Registrar. Such time shall be not less than two nor more than four months. An extension of any period granted by the Registrar for less than four months may be granted but only up to the four months maximum.

Special provisions in Clause 11(4) & (5) shall apply where the search report referred to in Clause 4(2)(a) cannot be lodged within the time specified.

Notes

C

11

(1

(2

11.

Failure to make good deficiencies in formal requirements of the request to record

13

(1)

(2)

Where deficiencies are not corrected within the time set by the Registrar or within any extension of that time up to the four months maximum the request to record is deemed withdrawn.

The request to record may be reactivated on an application for further processing, under Clause 18 below, made by the applicant within one month of the request to record being deemed withdrawn and on payment of a fee.

(1

14.

(3)

No application for restitution of rights under Clause 19 below can be made.

(1)

(4)

(5)

Where a certified copy of the search report as required by Clause 4(2)(a) above cannot be lodged within the full period of four months allowed for making good deficiencies under Clause 10 above because the EPO has not published the search report or the certified copy is not available the Registrar may allow the applicant to lodge the certified copy of the report within four months of the date of publication of the report by the EPO.

The provisions for further processing and restitution of rights apply to the filing of the search report.

108

(2)

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