Hong Kong Ordinances

PATENTS ORDINANCE - SECT 39

Term of standard patent

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) A standard patent granted under this Ordinance-

   (a)  shall take effect from the date on which the fact of its grant is
        advertised in the official journal; and (Amended 2 of 2001 s. 14)

   (b)  subject to subsection (2), shall remain in force until the end of the
        period of 20 years beginning with the deemed date of filing of the
        application for the patent.

(2) If it is desired to keep a standard patent in force for a further year
after the expiry of the 3rd or any succeeding year from the date specified in
subsection (3), the prescribed renewal fee shall be paid before the expiry of
that 3rd or, as the case may be, succeeding year, but not earlier than a date
3 months before that expiry, and a standard patent shall cease to have effect
at the expiry of that 3rd or succeeding year if the renewal fee is not so
paid.

(3) The date specified for the purpose of subsection (2) is the anniversary of
the deemed date of filing of the standard patent first occurring after the
date of grant of the patent.

(4) If within 6 months after the end of the period specified in subsection (2)
for payment of the renewal fee the renewal fee and any prescribed additional
fee are paid, the standard 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.

(5) The Registrar may by regulation amend the period specified in subsection
(2) by reference to which the earliest date for payment of the prescribed
renewal fee is determined.

(6) The Chief Executive in Council may by regulation amend- (Amended 22 of
1999 s. 3)

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

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