TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 256

Clause

Note

There will be no right to request further processing or restitution of rights under Clauses 18 and 19 of Part II.

Notes

97.

Examination as to formal requirements of a petty patent application

Cl. 9

*

Cla

*

10

*

(1)

This clause will provide, based on Clause 9 of Part II of the proposed Patents Bill, that where a date of filing of the petty patent application has been given, the petty patent application is examined by the Registrar to

the Registrar to see that the formal requirements of Clause 92(1), (2) and (3) have been met. In particular the Registrar as regards :

(a)

(b)

Clause 92(1)(b) shall only be required to establish that the application contains a specification which appears on the face of it to include a description, one or more claims, any drawings and an abstract and shall not be required to examine or determine whether the full requirements of 92(1)(b)(i) - (iv) and 92(4) have been complied with; and

Clause 92(2)(c) shall only be required to establish that the priority documents appear on the face of it to support the claimed priority date.

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•

•

98.

Making good deficiencies in formal requirements of a petty patent application

Cl. 10

This clause will provide, based on Clause 10(1) of Part II of the proposed Patents Bill, that if the formal examination reveals deficiencies in the petty patent application, 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 six months. An extension of any period granted by the Registrar for less than six months may be granted but only up to the six months maximum.

庸

(2)

10

(1)

99.

Failure to make good deficiencies in a petty patent application

Cl. 11

This clause will provide, based on Clause 11(1) and (2) of Part II of the proposed Patents Bill, that:

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