### Patents Ordinance 《專利條例》

16. Designated patent application based on international application
Where a designated patent application is the national phase of an international application under the Patent Cooperation Treaty, then—
(a) for the purposes of section 15(1), and notwithstanding section 5(2)(d)(ii), the date of publication of the designated patent application shall be—
(i) the date of such publication in the designated patent office as serves to indicate that the international application has validly entered its national phase in the designated patent office; or
(ii) such other date as may be prescribed in rules, being a date not earlier than the date on which the international application has validly entered its national phase in the designated patent office;
(b) reference in section 15(2)(a) to a photocopy of the designated patent application shall be read as reference to—
(i) a photocopy of the international application as published by the International Bureau;
(ii) a photocopy of any translation of the international application published by the designated patent office; and
(iii) a photocopy of any publication of information in the designated patent office concerning the international application;
(c) (Repealed 2 of 2001 s. 4)(d) section 17(1)(c) shall have effect in such manner as may be specified in rules made for the purposes of this section.

### Patents Ordinance 《專利條例》

17. Date of filing of request to record
(1) Subject to subsection (2) and section 18(3), the date of filing a request to record shall be the earliest date on which documents filed by the applicant contain—
(a) an indication that a request is made to record a designated patent application;
(b) information identifying the applicant; and
(c) a reference to the designated patent application, including—
(i) the application number assigned to it by the designated patent office; and
(ii) the publication number (if any) assigned to it by the designated patent office, and the date (if any) of its publication by the designated patent office. (Amended 2 of 2001 s. 5)
(2) If the earliest filing with the Registrar of any part of a request to record occurs more than 6 months after the publication of the corresponding designated patent application the request shall not be dealt with as an application for a standard patent (R). (Amended 17 of 2016 s. 22)
[cf. EPC Art. 80]

18. Examination on filing of request to record
(1) The Registrar shall examine whether—
(a) the request to record satisfies the requirements of section 17(1) for the accordance of a date of filing (minimum requirements

19. Examination as to formal requirements of request to record
(1) If a request to record has been accorded a date of filing and is not deemed to be withdrawn by virtue of section 15(4), the Registrar must examine the request to ascertain whether the requirements of section 15(2) and (3) (formal requirements

### Patents Ordinance 《專利條例》

20. Publication of request to record
(1) If on an examination under section 19(1) a request to record is found to have satisfied the requirements of section 15(2) and (3), or if on a subsequent examination by the Registrar the deficiencies under section 19(2) are found to have been corrected in accordance with the rules, then the Registrar shall as soon as practicable after such examination, but subject to this section and section 37— (Amended 17 of 2016 s. 25)
(a) record the designated patent application in the register and enter particulars of the request to record in the register;
(b) publish the request to record in the prescribed manner;
(c) advertise the fact of such publication and entry by notice in the official journal; and (Amended 2 of 2001 s. 6; 2 of 2001 s. 14)
(d) inform the applicant of the publication of the request to record.
(2) A request to record shall not be published if—
(a) before the completion of preparations for publication, it has been finally refused or withdrawn or has been deemed to have been withdrawn; or
(b) the filing fee or advertisement fee has not been paid.
(3) For the purposes of subsection (1)(b) the request to record shall include—
(a) the designated patent application, including the description, the claims, any drawings and any search report or abstract published by the designated patent office and filed in the request to record;
(b) the names of the proprietor and (if different) the inventor.

21. Registrar may publish additional matters
In publishing a request to record under section 20(1)(b), the Registrar may publish such matters constituting or relating to the request which in the Registrar’s opinion it is desirable to publish in addition to the matters specified in section 20(3).

22. Provision for request to record in the event of a divisional designated patent application
(1) Where in an application for a standard patent (R)— (Amended 17 of 2016 s. 26)
(a) a request to record has been published under section 20 and has not been refused, withdrawn or deemed to be withdrawn; and
(b) the applicant for the corresponding designated patent application or his successor in title has filed in the designated patent office a divisional patent application (divisional designated patent application

### Patents Ordinance 《專利條例》

23. Filing of request for registration and grant
(1) Where in an application for a standard patent (R)— (Amended 17 of 2016 s. 28)
(a) a designated patent application has been recorded in the register and a request to record has been published and the request to record is not refused or deemed withdrawn or abandoned; and (Amended 17 of 2016 s. 28)
(b) a patent has been granted in the designated patent office in pursuance of the designated patent application,
the applicant or his successor in title may, subject to subsection (2), request the Registrar to register the designated patent so granted and to grant a standard patent (R) for the invention shown in the published specification of the designated patent (in this Ordinance referred to as a request for registration and grant

24. Date of filing request for registration and grant
(1) Subject to subsection (2) and section 25(2) and (4), the date of filing of a request for registration and grant shall be the earliest date on which documents filed by the applicant contain— (Amended 17 of 2016 s. 29)
(a) an indication that a request is made for the registration of a designated patent and the grant of a standard patent (R); (Amended 17 of 2016 s. 29)
(b) information identifying the applicant;
(c) the publication number assigned to the designated patent by the designated patent office, and the date of its publication; and
(d) the publication number assigned to the request to record by the Registrar.
(2) If the earliest filing with the Registrar of any part of a request for registration and grant occurred more than 6 months after the later of—
(a) the date of grant of the designated patent; and
(b) publication of the request to record in accordance with section 20,
then the application shall be deemed to be withdrawn.