TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 204

Clause

(2)

80.

81.

this Part. This Part will only come into operation on a date to be appointed by the Governor.

This clause will make specific provision that an international application under the PCT will not be considered to be a request to record or an application for a patent under Clauses 4 and 14 but would be deemed to be an application for a HK petty patent under Part XVI (See Chapter 13 Part 2).

Notes

Cle

The Hong Kong Patents Registry as a receiving office

This clause will provide that the registry may act as a receiving office within the meaning of the PCT if the applicant is a resident of Hong Kong.

Filing and transmittal of the international application

This clause will provide that if the applicant chooses the registry as a receiving office for his international application it shall be filed in English or in any other specified language with the registry in accordance with the requirements of the PCT together with the relevant fee.

EPC Art. 151

82.

EPC Art. 152 1977 Act s.90

83 -

NOTE

(1) These provisions will only come into effect if the registry can as one of the national offices of its sovereign state for the time being, be nominated as a receiving office for the purposes of the PCT. In practical terms it is envisaged that an international application under the PCT could be filed with and processed by the registry but such application would not be considered as an application in Hong Kong for a HK patent which would still require application in the EPO. Any person requiring protection in HK would be required to designate the EPO in any application under this part. It would however be considered as a petty patent application under Part XVI. (See Chapter 13 Part 2)

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