Clause
24.
(1)
Amendment of HK patent after opposition in the EPO to record amendment made to corresponding EP patent
Where a corresponding EP patent has been amended in the EPO after opposition proceedings, the proprietor of the HK patent shall lodge with the Registrar within a prescribed period after the final decision and issue of a grant by the EPO:
a certified copy of the amended EPO patent or the amending order;
a translation into English as relevant; and
(a)
(b)
(c)
a prescribed fee.
(2)
The Registrar shall record such amendments and publish these and advertise the fact in the Gazette.
Note
In order to ensure that such amendments are recorded with the Registrar within the prescribed time period the Registrar shall have power to refuse to renew the HK patent unless a statement as to the outcome of opposition proceedings is given to him where he has been notified that opposition proceedings are pending as required under Clause 14(3)(b) and if an application under this clause has not been made.
25.
(1)
Revocation of HK patent after revocation of EP patent by the EPO after opposition
Where a corresponding EP patent has been revoked in the EPO after opposition proceedings the proprietor of the HK patent shall file within the prescribed period after the final decision:
a certified copy of the order of revocation; and
(a)
(b)
any other prescribed requirements
(2)
The Registrar shall record this and advertise the fact in the Gazette and the HK patent will be treated as having been unconditionally revoked.
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Notes