Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 37

Revocation of standard patent under section 44 of the Ordinance

(Past version on 25/07/1997).
(Past version on 30/06/1997).

(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; (L.N. 37 of 2004)

   (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; and (L.N.
        402 of 1997)

   (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) A person who files an application under section 44(4) of the Ordinance
shall, at the same time, send a copy of the application and any evidence and
translation accompanying the application to every person registered as
proprietor of the patent and to every other person who is shown in the
register as having a right in or under the patent. (L.N. 37 of 2004)

(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 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. (L.N. 37 of 2004)

(6) The recipient shall, at the same time as he files the counter-statement,
send a copy of it to each of the persons described in subsection (4) other
than any person who is party to the counter-statement. (L.N. 37 of 2004)

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