Hong Kong Regulations

PATENTS (TRANSITIONAL ARRANGEMENTS) RULES - SECT 5

Pending applications for registration under the repealed Ordinance

(1) If immediately before the commencement date an application had been made
under section 3 of the repealed Ordinance to have a 1949 Act or 1977 Act
patent registered under section 5 of the repealed Ordinance but no certificate
of registration had been issued, then section 5 of the repealed Ordinance
continues to apply in relation to that patent as if section 154 of
the principal Ordinance had not been enacted, except that reference in
section 5 of the repealed Ordinance to the Registrar shall be read as a
reference to the Registrar under the principal Ordinance.

(2) For the purposes of section 3, where by virtue of subsection

(1) a certificate of registration under section 5 of the repealed Ordinance is
issued on or after the commencement date in relation to a patent for an
invention, the patent shall be deemed to have been registered under the
repealed Ordinance on the day before the commencement date, and accordingly a
standard patent shall be deemed to be granted for that invention by virtue of
section 3(1).

(3) Where a deemed standard patent has effect by virtue of section  3 (1)
pursuant to the issue of a certificate by the Registrar as provided for in
this section, no action shall lie for infringement of the deemed 
standard patent in respect of any act done before the date on which that
certificate was issued.