GOVERMENT HOUSE HONG KONG.
NED 01 DEC 93 10:32
PG.08
CONFIDENTIAL
機密
(t)
(n)
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Priority date.
The law will set out the basis for establishing the priority date of the Hong Kong patent. This will normally be the priority corresponding European or Chinese
date patent.
of the
Proceedings in which validity may be put in
issue.
The law will
where the validity of issue.
This will
revocation proceedings.
Patent agents.
set out those proceedings a patent may be put in include infringement and
The law will contain provisions for keeping a register of persons who may act agents before the Registrar for the purposes of applying for Or obtaining patents in Hong Kong. (Note: This issue is still under consideration.)
Where the
Burden of proof in certain cases. patent granted involves a process for obtaining a product, any person producing the same product bears the onus in any proceedings of establishing that his product was not produced from the patented process.
Transitional Arrangements
13. patents to
To provide continuity in the patent system, registered under the current system will continue be protected and persons who are entitled to be registered under the current system and have taken initial steps to obtain such protection will also be able to obtain protection under the new system.
14.
Existing registered patents. Patents already registered in Hong Kong and which are still in force in the United Kingdom when the new law comes into effect will by operation of law become Hong Kong patents. Subject to any special transitional requirements, such patents will be subject to the provisions of the new law except for the requirement to renew for an initial period of 3 years. These patents will remain in force for a period of 20 years from the date of filing the application in the United Kingdom
the European Patent Office whether or not they are renewed or revoked in the United Kingdom.
15.
Persons who are entitled to be registered under the current system and who have taken initial steps to obtain such protection will also be able to obtain protection under the new system. Thus person's who have applied for UK or European patents (UK) prior to the introduction of the new system would retain the right to apply for a Hong Kong patent if their application for a UK