Hong Kong Regulations

PATENTS (TRANSITIONAL ARRANGEMENTS) RULES - SECT 13

Entry in register

(1) As from the commencement date there shall be deemed to be entered in the
register kept under the Ordinance details of every standard patent deemed to
be granted under section 3(1).

(2) It shall be the duty of the Registrar to add to the register those details
deemed to be entered in the register by virtue of subsection

(1), and for this purpose the Registrar shall take such steps as are
reasonably practicable to identify all those 1949 Act or 1977 Act patents
registered under the repealed Ordinance which at the commencement date were in
force in the United Kingdom, and the Registrar may for the purposes of this
subsection assume in the absence of evidence to the contrary that-

   (a)  any 1949 Act or 1977 Act patent in force in the United Kingdom on 6
        December 1996, other than a patent the term of which was due to expire
        before the commencement date; and

   (b)  any 1949 Act or 1977 Act patent granted in the United Kingdom since 6
        December 1996, is in force in the United Kingdom at the commencement
        date.

(3) The Registrar may delete from the register any details in relation to a
deemed standard patent which he has added to the register in reliance on
either of the assumptions stated in subsection (2) if it comes to his
knowledge that the corresponding 1949 Act or 1977 Act patent was not in force
in the United Kingdom at the commencement date.

(4) The Registrar may, upon application being made to him by any person under
this subsection, delete from the register any details in relation to a
deemed standard patent where it appears to him that the
corresponding 1949 Act or 1977 Act patent was not in force in the United
Kingdom at the commencement date.

(5) An application under subsection (4) shall be made in the prescribed
manner.

(6) No details in relation to a deemed standard patent shall be deleted from
the register under subsection (3) or pursuant to an application under
subsection (4) unless notice of the Registrar's intention to delete those
details or of the application (as the case may be) has been given in the
prescribed manner to the person named in the register as the proprietor of the
deemed standard patent.

(7) Details deleted from the register under subsection (3) or pursuant to an
application under subsection (4) shall be deemed never to have been added to
the register.

(8) The Registrar may, upon an application being made to him by the proprietor
of a patent under this subsection, if the Registrar satisfied that the patent
is a deemed standard patent, add to the register any details deemed to be
entered in the register pursuant to subsection (1) in relation to that patent.