Hong Kong Regulations

PATENTS (TRANSITIONAL ARRANGEMENTS) RULES - SCHEDULE 5

APPLICATION OF THE ORDINANCE FOR PURPOSES OF SECTION 9 OF THESE RULES

[sections 9 & 15]

PART I

MODIFICATION OF SECTIONS 23 TO 27 OF THE ORDINANCE AS APPLIED FOR PURPOSES OF
SECTION 9(1) OF THESE RULES

The application of sections 23 to 27 of the Ordinance for the purposes of
section 9(1) of these Rules has effect subject to the following modifications-

   (a)  in sections 23 and 24 of the Ordinance, for "the designated patent
        office" wherever it appears read "the United Kingdom Patent Office";

   (b)  sections 23(3)(c) and 24(1)(d) of the Ordinance have no application;

   (c)  for section 24(2) of the Ordinance read- "(2) If the earliest filing
        with the Registrar of any part of a request for registration and grant
        occurred-

   (a)  more than 6 months after the date of grant of the 1949 Act patent; or

   (b)  more than 20 years after the date of filing the completed
        specification under the 1949 Act, then the request shall not be dealt
        with as an application for a patent.".

PART II

APPLICATION OF THE ORDINANCE FOR PURPOSES OF SECTION 9(4) OF THESE RULES

1. As from the commencement date, and subject to the modifications specified
in paragraph 2, the following provisions of the Ordinance shall apply in
relation to every application for a standard patent pursuant to section 9(1)
of these rules and to every standard patent granted pursuant to any such
application- sections 2 to 7, 9, 11, 28 to 32, 36 to 38, 39(1), 47 to 54, 62,
63, 68 to 75, 80, 81, 85 to 87, 89, 90, 104 to 107, 130 to 133, 135 to 143,
145 and 147 to 153.

2. For the purposes of paragraph 1, the application of the provisions of the
Ordinance specified in column 1 shall have effect subject to the modifications
specified opposite those provisions in column 2-

Provision of the Ordinance Modification section 3 (a) In paragraphs (i) and
(ii), for "request to record" read "request for registration and grant".

   (b)  Paragraphs (iii), (iv) and (vi) have no application. section 4 For the
        definitions in subsection (1) read-

""designated patent" (指定專利) means a 1949 Act patent;

"designated patent application" (指定專利申請) means an application in
the United Kingdom Patent Office for a 1949 Act patent the complete
specification of which has been published under the law of the United Kingdom
Patent Office;

" designated patent office" (指定專利當局) means the United Kingdom
Patent Office.". section 5 (a) Subsection (1)(a) has no application.

   (b)  For subsection (2)(d) read-

"(d) to a designated patent application being published is a reference to a
complete specification of a 1949 Act patent being published under the law of
the United Kingdom Patent Office;". section 6 Subsection (5) has no
application.

3. Paragraphs 1 and 2 have effect-

   (a)  subject to sections 9, 11 and 13 of these rules;

   (b)  without prejudice to sections 155 to 157 of the Ordinance (which
        apply, in certain circumstances, provisions of the Ordinance in
        relation to certain patents). "designated patent" (指定專利)
        "designated patent application" (指定專利申請) "designated
        patent office" (指定專利當局)