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FAQ > Patents > Some important time limits for Patents

Patents

Some important time limits for Patents

We wish to draw users' attention to the following non-extendible time limits:

Step Time limit Provision
Filing a request to record (first stage of HK standard patent application) Within 6 months after the date of publication of corresponding application in a designated patent office. Patents Ordinance, section 15(1)
Filing a request for registration and grant (second stage of HK standard patent application) Within 6 months after the date of grant of the designated patent by the designated patent office or publication of the request to record in HK, whichever is later. Patents Ordinance, section 23(2)
Filing amendment of standard patent following prescribed opposition or revocation proceedings in the designated patent office Within 6 months beginning from (a) the date of the amendment in the designated patent office; or (b) the date of grant of the HK standard patent, whichever is later. Patents (General) Rules, section 35(1)

Extension of time for Patents

What can I do if I fail to comply with a time limit in the proceedings before the Registrar of Patents?

Please note that certain time limits under the Patents Ordinance (for example, section 15(1) of that Ordinance) and the Patents (General) Rules (for example, section 16(1) of that Rules) are not extendible. The Registrar of Patents has no discretion to grant extension of time in these cases.

With some extendible time limits, an extension may only be granted if the request for extension of time is filed before the expiry of the relevant period (for example, section 17(2) of the Patents (General) Rules). In these cases, the Registrar of Patents has no power of granting the extension of time requested after the relevant period has expired (section 100 of the Patents (General) Rules). Some time limits may be extended even if the request for extension of time is filed after the expiry of the relevant period (for example, section 7(3) of the Patents (General) Rules).

In addition, in some cases, the period of extension that can be allowed is specified and the grant of the extension is subject to compliance with additional statutory requirements (for example, section 39(4) of the Patents Ordinance).
 
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