Hong Kong Regulations

PATENTS (TRANSITIONAL ARRANGEMENTS) RULES - SECT 7

Published applications for 1977 Act patents

(1) Subject to these Rules and to necessary modification-

   (a)  sections 15 to 22 of the Ordinance (which provide for the recording in
        the register of a designated patent application as the first stage of
        an application for a standard patent) apply in relation to-

        (i)    an application for a 1977 Act patent published before the
               commencement date; and

        (ii)   the person named as applicant in such an application or any
               person deriving rights from such applicant by assignment,
               transmission or other operation of law, as they apply in
               relation to an application in a designated patent office for a
               patent for an invention and a person entitled under section 12
               of the Ordinance to apply for the grant of a standard patent
               for the invention; and

   (b)  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-

        (i)    a 1977 Act patent granted after the commencement date pursuant
               to a published application for a 1977 Act patent (whether that
               patent is a European patent (UK) or a patent granted under the
               1977 Act); and

        (ii)   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 15(1) of the Ordinance as so applied, a
request to record a published application for a 1977 Act patent may be made at
any time within 18 months after the commencement date.

(3) Part I of Schedule 3 has effect for securing that sections 15 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) Part II of Schedule 3 has 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.