Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 37

Revocation of standard patent under section 44 of the Ordinance

Caution: This is a past version. See the current version here.

(1) A filing of documents with the Registrar for the purposes of section 44(2)
of the Ordinance shall be made by filing those documents together with a
notice, which shall be in the specified form, and such translations of the
documents as may be required under section 56.

(2) An application under section 44(4) of the Ordinance for revocation of a
patent shall-

   (a)  be in the specified form and be filed in duplicate;

   (b)  be supported by evidence of the statements made in the application
        and, where appropriate, shall be accompanied by a prescribed
        translation of such evidence in accordance with section 56;

   (c)  be accompanied by the prescribed fee.

(3) The documentation prescribed for the purposes of section 44(2) of the
Ordinance is a verified copy of an entry in the patent register of the
designated patent office showing the revocation of the designated patent.

(4) The Registrar shall send a copy of an application made under section 44(4)
of the Ordinance to every person registered as proprietor of the patent and to
every other person whose interests the Registrar considers may be affected by
the application.

(5) Any recipient of such a copy of an application under subsection

(4) who wishes to oppose the application shall, within 3 months from the date
of its issue, file a counter-statement in duplicate which shall be in the
specified form, shall set out fully the grounds of objection to the
application being opposed and shall be accompanied by the prescribed fee.

(6) The Registrar shall send a copy of the counter-statement to each of the
persons described in subsection (4) other than any person who is party to the
counter-statement.

(7) The Registrar may give such directions as he may think fit with regard to
the subsequent procedure.