Hong Kong Regulations

PATENTS (TRANSITIONAL ARRANGEMENTS) RULES - SECT 3

Patents registered under the repealed Ordinance

Transitional arrangements affecting persons having rights, or expectation of
rights, under the repealed Ordinance

(1) As from the commencement date, a standard patent is deemed to be granted
under section 27(1)(b) of the principal Ordinance for the invention shown in
the published specification of every 1949 Act or 1977 Act patent which
immediately before the commencement date was registered under the repealed
Ordinance and at the commencement date was in force in
the United Kingdom (in these Rules referred to as an "existing registered
patent"), and every such standard patent is deemed to be so granted pursuant
to an application under the principal Ordinance by the person who was
registered under the repealed Ordinance as the proprietor of the
existing registered patent.

(2) Schedule 1 has effect for securing the application of certain provisions
of the Ordinance on and after the commencement date in relation to every such
deemed standard patent but, except as otherwise provided, the Ordinance does
not apply in relation to any such patent.

(3) In subsection (1), reference to the published specification of an
existing registered patent is a reference to that specification as amended or
treated as amended according to the law of the United Kingdom at the
commencement date, regardless of whether a request has been made to the
Registrar under section 9 of the repealed Ordinance in relation to such
amendment.

(4) For the purposes of the application of section 38 of the Ordinance in
relation to deemed standard patents, the date of filing that applies in
relation to a deemed standard patent for the purposes of section 4(1)(b) shall
be treated as the deemed date of filing of the application for that
deemed standard patent.