Hong Kong Regulations

PATENTS (TRANSITIONAL ARRANGEMENTS) RULES - SECT 4

Term of deemed standard patent having effect pursuant to section 3

(1) Every deemed standard patent having effect pursuant to section  3 (1)-

   (a)  is deemed to have been granted on, and to take effect as from, the
        commencement date;

   (b)  subject to subsection (2), remains in force until the end of the
        period of 20 years beginning from-

        (i)    if the existing registered patent is a 1949 Act patent, the
               date of filing of a complete specification under the 1949 Act;
               or

        (ii)   if the existing registered patent is a 1977 Act patent, the
               date of filing of the application for that patent in the
               United Kingdom  Patent Office or European Patent Office (as the
               case may be), and so remains in force whether or not the 1949
               Act or 1977 Act patent remains in force in the United Kingdom.

(2) If it is desired to keep a deemed 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 renewal fee prescribed for the purposes of
section 39(2) of the Ordinance 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 deemed 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 purposes of subsection (2) is the anniversary
of the date specified in subsection (1)(b)(i) or (ii) in relation to the
deemed standard patent first occurring after the commencement date.

(4) Section 39(4) of the Ordinance applies in relation to deemed 
standard patents as if-

   (a)  reference in that section to the period specified in section 39(2) of
        the Ordinance was a reference to the period specified in subsection
        (2) of this section;

   (b)  reference in that section to a standard patent was reference to a
        deemed standard patent.

(5) The Registrar may by notice published in the Gazette amend the period
specified in subsection (2) by reference to which the earliest date for
payment of a prescribed renewal fee in relation to a deemed standard  patent
is determined.