Hong Kong Regulations

PATENTS (TRANSITIONAL ARRANGEMENTS) RULES - SECT 6

Existing 1949 Act or 1977 Act patent

(1) Subject to these Rules and to necessary modification, sections 23 to 27 of
the Ordinance (which provide for the registration of a designated patent and
the grant of a standard patent) apply in relation to-

   (a)  an existing 1949 Act or 1977 Act patent; and

   (b)  the grantee of such a patent or any person deriving rights from such
        grantee by assignment, transmission or other operation of law, as they
        apply in relation to a patent granted in a designated patent office in
        pursuance of a designated patent application recorded in the register
        and to the applicant for a standard patent under Part II of the
        Ordinance or his successor in title.

(2) For the purposes of section 23(2) of the Ordinance as so applied, a
request for registration and grant in relation to an existing 1949 Act or 1977
Act patent shall be made not later than the date occurring-

   (a)  12 months after the commencement date; or

   (b)  5 years after the date of grant of the existing patent,
whichever is the earlier, and in paragraph (b) "date of grant" (批予日期)
means-

        (i)    in relation to an existing 1949 Act patent, the date of sealing
               of the patent under section 19 of the 1949 Act or the date upon
               which the patent takes effect in the United Kingdom pursuant to
               section 25 of the 1977 Act (as the case may be);

        (ii)   in relation to an existing 1977 Act patent other than a patent
               to which paragraph (iii) applies, the date upon which the
               patent takes effect in the United Kingdom pursuant to
               section 25 of the 1977 Act;

        (iii)  in relation to an existing 1977 Act patent that is a European 
               patent (UK), the date upon which the patent takes effect in the
               United Kingdom pursuant to section 77 of the 1977 Act.

(3) Part I of Schedule 2 has effect for securing that sections 23 to 27 of the
Ordinance as applying for the purposes of subsection (1) shall have effect
subject to the modifications specified in that Part in relation to those
sections.

(4) Parts II and III of Schedule 2 have effect for securing the application of
certain provisions of the Ordinance on and after the commencement date in
relation to any patent or patent application provided for in this section but,
except as otherwise provided, the Ordinance does not apply in relation to any
such patent or patent application.

"date of grant" (批予日期)