Clause
2.
d
Request to record and application for grant of a HK patent based on EP patent (UK) or EPA (UK)
(1)
(2)
NOTE
(a)
EP patent (UK) granted but not registered in Hong Kong prior to the commencement date
This clause will apply to the proprietor of an EP Patent (UK) which has been granted prior to the commencement date but where no application to register under the Registration of Patents Ordinance has been made prior to that date. This clause will provide that such proprietor may apply for the grant of a HK patent within a specified time after the commencement date under Clause 14 without making a request to record.
EPA (UK) published but not granted prior to the commencement date
This clause will provide that an applicant for an EPA(UK) which has been published, but not granted, before the commencement date may obtain a HK patent by:
(a)
(b)
making a request to record under Clause 4 within the specified period of time after the commencement date followed by an application for a HK patent under Clause 14; or
where the EP patent(UK) is granted within a specified period of time after the commencement date, making an application to register a HK patent under Clause 14 within the specified time period without first making a request to record.
It is proposed that the time periods referred to in paras 1 and 2 should be 6 - 12 months but consideration will have to be given to staggering these time periods to avoid the filing of a large number of documents at the same time which could result in unacceptable backlogs at the registry.
142
Notes
Clau