A72
Ord. No. 25/79
Short title.
Amendment of long title.
(Cap. 42.)
Amendment of section 1.
Amendment of section 2.
REGISTRATION OF UNITED KINGDOM
PATENTS (AMENDMENT)
L.S.
HONG KONG
No. 25 OF 1979
I assent.
Murray MacLehose,
Governor.
26th April, 1979.
An Ordinance to amend the Registration of United Kingdom Patents
Ordinance.
[27th April, 1979]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Registration of United Kingdom Patents (Amendment) Ordinance 1979.
2. The long title of the principal Ordinance is amended by deleting "United Kingdom”.
3. Section 1 of the principal Ordinance is amended by deleting "United Kingdom".
4. Section 2 of the principal Ordinance is amended by inserting before the definition of "Registrar" the following definitions—
**1977 c. 37 s. 130.
1977 c. 37 s. 130.
(1949 c. 87.) (1977 c. 37.)
(1949 c. 87.)
(1977 c. 37.)
(1977 c. 37.)
Amendment of section 3,
5.
"comptroller" means the Comptroller-General of Patents, Designs and Trade Marks in the United Kingdom; "European patent (UK)" means a patent granted under the Convention on the Grant of European Patents and designating the United Kingdom; "patent" means a patent granted under the Patents Act 1949 or under the Patents Act 1977 and means also a European patent (UK) that has effect in the United Kingdom pursuant to section 77 of the Patents Act 1977;
"priority date" has the meaning assigned to it—
(a) in the case of a patent under the Patents Act
1949, by section 5 of that Act;
(b) in the case of a patent under the Patents Act
1977, by section 5 of that Act; and
(c) in the case of a European patent (UK), by section 5 of the Patents Act 1977, subject to the incidents and modifications mentioned in section 78 of that Act;".
Section 3 of the principal Ordinance is amended- (a) by being renumbered as subsection (1) thereof; (b) in subsection (1)—
(i) by deleting "in the United Kingdom"; and (ii) by deleting "issue" and substituting the following-
"grant"; and
REGISTRATION OF UNITED KINGDOM
PATENTS (AMENDMENT)
Ord. No. 25/79
A73
(c) by inserting the following subsection--
"(2) In this section "the date of grant" means—
(a) in relation to a patent under the Patents Act 1949, the date of sealing of the patent under section 19 of that Act;
(1949 c. 87.)
(1977 c. 37.)
(1977 c. 37.)
(b) in relation to a patent under the Patents Act 1977, the date upon which the patent takes effect pursuant to section 25 of that Act; and
(c) in relation to a European patent (UK), the date upon which the patent takes effect in the United Kingdom pursuant to section 77 of the Patents Act 1977.".
replacement of section 4.
6. Section 4 of the principal Ordinance is repealed and replaced by Repeal and the following—
"Application to
4. An application under this Ordinance shall be be accompanied accompanied by- by certain documents.
7.
(a) in the case of a patent the specification of which was published in a language other than English, a certified copy of the translation into English of the specification; or
(b) in any other case, a certified copy of the specifica-
tion,
together with the drawings (if any) relating to the patent and a certificate of the comptroller giving full particulars of the grant of the patent or of its taking effect in the United Kingdom on such specification.”.
Section 6 of the principal Ordinance is amended by deleting Amendment of "issued" and substituting the following-
"granted".
8.
Section 7 of the principal Ordinance is amended--
(a) by deleting "date" in the second place where it occurs and sub-
stituting the following-
"commencement of the term"; and
(b) in the proviso, by deleting "manufacture, use
invention" and substituting the following-
9.
"act done".
or sale of the
Section 7B of the principal Ordinance is amended--
(a) in subsection (1)(b) by inserting after "granted" the following-
"or has taken effect"; and
(b) in subsection (2)—
(i) by deleting "the priority date in the United Kingdom of the relevant claim of the complete specification" and substituting the following-
"its priority date";
(ii) by deleting "Patent Act 1949" and substituting the follow- ing-
"Patents Act 1977"; and
section 6.
Amendment of section 7.
Amendment of section 78.