Clause
PART IV
PROVISIONS AS TO PATENTS AFTER GRANT
22.
223
Term of Patent
(1)
(2)
(3)
(4)
A HK patent granted under these provisions shall take effect from the date of grant of the patent and subject to renewal will remain in force until the end of the period of 20 years beginning from the date of filing the corresponding EPA in the EPO.
A HK patent shall cease to have effect at the end of the 4th year after the date of filing the EPA in the EPO or on the 1st anniversary of that filing date occurring after the date of grant of the HK patent whichever is the later or thereafter at the end of every 12-month period unless the prescribed renewal fee is paid within that period.
If during the period of 6 months after the period referred to the renewal fee and any further prescribed fee is paid then the HK patent shall be treated as if it had not expired.
Any application for renewal shall require the proprietor to state either (i) that an opposition is still pending in the EPO and the current standing of such proceedings or (ii) that no opposition proceedings are pending and whether or not the time for commencing such proceedings has expired. In addition the proprietor must state, where the opposition proceedings have been concluded, whether any revocation or amendment has been made in the EPO pursuant to any opposition. The Registrar may refuse to renew if this statement is not made or if application under Clauses 24 & 25 are not duly made. Any refusal under this clause may be appealed to the court.
23.
Patent not to be impugned for lack of unity
This clause will provide that a HK patent may not be impugned in any proceedings for lack of unity of the invention.
113
Notes
1977 Act s.25
1977 Act s.26