Contents of Section

Chapter:

514 PDFTitle:PATENTS ORDINANCEGazette Number:
Section:22Heading:Provision for request to record in the event of a divisional designated patent applicationVersion Date:30/06/1997

(1) Where in an application for a standard patent-

        (a) a request to record has been published under section 20 and has not been refused, withdrawn or deemed to be withdrawn; and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 ("a divisional corresponding designated patent application"), that is to say, an application for a patent which-
          (i) is in respect of the same subject-matter and does not extend beyond the contents of the corresponding designated patent application as filed in the designated patent office;
          (ii) has as its date of filing the date of filing of the corresponding designated patent application; and
          (iii) enjoys the same benefit of any right of priority as the corresponding designated patent application,
the applicant may within 6 months after the date of publication of the divisional designated patent application or publication of the request to record under this Ordinance, whichever is the later, request the Registrar to enter a record of that divisional designated patent application in the register.
(2) Where a request to record a divisional designated patent application is filed under this section-
        (a) it shall be deemed to have been filed on the date of filing of the earlier request to record and the application for a standard patent shall have the benefit of any right of priority;
        (b) subject to paragraph (a), the provisions of this Ordinance shall apply to such a request as they apply to a request to record filed under section 15(1).
(3) For the purpose of the application of the other provisions of this Ordinance to this section-
        (a) any reference in those other provisions to a corresponding designated patent application shall be read as a reference to the divisional designated patent application mentioned in subsection (1)(b);
        (b) any reference in those other provisions to a corresponding designated patent shall be read as a reference to the designated patent granted in pursuance of the divisional designated patent application.
[cf. EPC Art. 76; 1992 No. 1 s. 24 Eire; 1977 c. 37 s. 15 U.K.]