Hong Kong Ordinances

PATENTS ORDINANCE - SECT 126

Term of short-term patent

Caution: This is a past version. See the current version here.

Provisions as to short-term patents after grant

(1) A short-term patent granted under this Part-

   (a)  shall take effect on the date on which the fact of its grant is
        advertised in the Gazette; and

   (b)  subject to subsection (2) and (3), shall remain in force until the end
        of the period of 8 years beginning with the date of filing the
        application for the patent.

(2) If it is desired to keep a short-term patent in force for a further 4
years after the expiry of the 4th year from the date of filing of the
application for that patent, the prescribed renewal fee shall be paid within
the 3 months ending with the expiry of that 4th year, and a short-term patent
shall cease to have effect at the expiry of that 4th year if the renewal fee
is not so paid.

(3) Despite subsection (2), where the date of grant of a short-term  patent
occurs after the expiry of the 4th year from the date of filing of the
application for that patent then-

   (a)  the prescribed renewal fee may be paid at any time before the expiry
        of 3 months beginning from the date of grant and in the event of such
        payment the patent shall remain in force for the balance of the period
        of 4 years specified in subsection (2);

   (b)  the patent shall cease to have effect under this section if, and only
        if, the prescribed renewal fee is not paid as provided in paragraph
        (a).

(4) The Registrar may by regulation amend the period specified in subsection
(2) as being the period ending with the expiry of the 4th year from the
date of filing of the short-term patent application.

(5) If within 6 months after the end of the period specified in subsection (2)
or (3), as the case may be, the renewal fee and any prescribed additional fee
is paid, the short-term patent shall be treated as if it had never expired,
and accordingly-

   (a)  anything done under or in relation to it during that further period
        shall be valid;

   (b)  an act which would constitute an infringement of it if it had not
        expired shall constitute such an infringement; and

   (c)  an act which would constitute Government use of the patented 
        invention if the patent had not expired shall constitute that use.

(6) The Governor in Council may by regulation amend-

   (a)  the period specified in subsection (1)(b) as being the period for
        which a short-term patent shall remain in force;

   (b)  the period specified in subsection (2) or (3) by reference to which a
        short-term patent, if not renewed, shall cease to have effect. [cf.
        1977 c. 37 s. 25 U.K.]