Clause

26.

(1)

(2)

27.

(1)

(2)

(3)

Note

In order to ensure that such copy of the order of revocation is 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).

Amendment of HK patent by way of recordal

of amendment of corresponding EP patent in a designated country on request of proprietor

The proprietor may apply to the Registrar to record amendments to the specification of the HK patent where a corresponding EP patent has been granted in a designated country of the EPC and the national patent office in that country has made such amendments. Subject to compliance with formal requirements the Registrar shall make such amendments to the HK specification and shall publish these and advertise the fact that they have been made in the Gazette.

If the proprietor does not apply to the Registrar within 3 months of the amendment he may still apply but may not claim damages or obtain an account of profits for any infringement occuring prior to the date of filing.

General power to amend specification after grant

The proprietor of a HK patent shall have the right to apply to the Court to amend the specification of a HK patent and the Court may by order allow such amendments subject to such conditions as it thinks fit.

Any person may give notice of their intention to object to such amendment and any person who gives such notice may appear at the hearing of the application.

The Registrar shall amend the specification on filing of the Court order and shall publish this and advertise the fact in the Gazette.

115

Notes

1977 Act s.27

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