Hong Kong Regulations

PATENTS (TRANSITIONAL ARRANGEMENTS) RULES - SECT 9

Existing applications for 1949 Act patents, and patents granted after the commencement date pursuant to those applications

(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)  a patent granted after the commencement date pursuant to an existing
        application for a 1949 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 of the Ordinance as so applied, any request
for registration and grant in relation to any 1949 Act patent specified in
subsection (1)(a) shall be made not later than the date occurring-

   (a)  6 months after the date of grant of the patent; or

   (b)  20 years after the date of filing the complete specification under the
        1949 Act,
whichever is the earlier, and in paragraph (a) "date of grant" (批予日期)
means the date upon which the patent takes effect in the United Kingdom
pursuant to section 25 of the 1977 Act.

(3) Part I of Schedule 5 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) Part II of Schedule 5 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 shall not apply in relation to any such
patent or patent application.

"date of grant" (批予日期)