2
(1949 c. 87) (1977 £. 37)
"patent" means a patent granted under the Patents Act 1949 or under the Palents Act 1977 and means also & Buropean patent (UK) that has effect in the United Kingdom pursuant to section 77 of the Palents Act 1977:
"priority date" has the meaning assigned to it-
(a) in the case of a patent under the Palents Act
1949, by section 5 of that Act,
(1949 c. 17)
(1977 6. 37.)
(b)
in the case of a patent under the Patents Act 1977, by section 5 of that Act; and
(c)
(1977) 6. 173
Arseadment of dection 3.
5.
Repeal And Cepiecemeal QË Bection 4
Amendment of section 6.
in the case of a European patent (UK), by section 5 of the Palents Act 1977, subject to the incidents and modifications mentioned in section 78 of that Act;".
Section 3 of the principal Ordinance is amended-- (4) by being renumbered as subsection (1) thereof;
(b) in subsection (1)—–—–—–
(1) by deleting "in the United Kingdom"; and (ii) by deleting "issue" and substituting the following-
"grant"; and
(c) by inserting the following subacction--
(1949 6. 67.)
(1977 & 37.)
(1977 6 371)
6.
"(2) lo this section "the date of grant" means-
(a) in relation to a patent under the Patents Act 1949, the date of scaling of the patent under section 19 of that Act
(6) in relation to a patent under the Patents Act 1977, the date upon which the patent takes effect pursuant to section 25 of that Act; and
(c) in relation to a Europeao patent (UK), the date upon which the patent lakes effect in the United Kingdom pursuant to section 77 of the Patents Act 1977.".
Section 4 of the principal Ordinance is repealed and replaced by the following-
"Appliendom to
An application under this Ordinance shall be be accompanied accompanied by-
by certain docuoso.
7.
(a) in the case of a patent the specification of which was published in a language other than English, a certified copy of the translation into English of the specification; or
(b) in any other case, a certified copy of the specifica-
tion.
together with the drawings (if any) relating to the patent and a certificate of the comptroller giving full particulars of the grant of the patent or of its taking effect in the United Kingdom on such specification”.
Section 6 of the principal Ordinance is amended by deleling "Issued" and substituting the following-
"granted".
$.
Section 7 of the principal Ordinance in amended—
(a)
by deleting "date" in the second place where it occurs and sub- stituting the following-
"commenċement of the term"; and
(6) in the proviso, by deleting "manufacture, use or sale of the
invention" and substituting the following-
"act done".
9. Section 78 of the principal Ordinance is amended--
(a) in subsection (1)(b) by inserting after "granted" the following-
Por has taken offecl"; and
(b) in subsection (2)—
(1) by deleting "the priority date in the United Kingdom of the relevant claim of the complete specification" and substituting the following-
"Its priority date";
(10) by deleting “Patent Act 1949" and substituting the follow- ing-
"Patents Act 1977"; and
(ii) by deleting "In this subsection the expression "priority dale" bas the meaning assigned to it in section 5 of the aforesaid Act.".
10. Section 8 of the principal Ordinance is amended-
(a) in subsection (1)–
()) by deleting "United Kingdom" la the first place where It occurs; and
(Ü) by inserting after "Tevoked" the following-
"or treated as revoked"; and
(b) in subsection (2) by deleting paragraph (b).
Amendment of section 7.
Amendment of melon 78,
AmbaToddel of section 8.
11. Section 9 of the principal Ordinance is repealed and replaced by Repeal und the following
replacenacol E section 9.
of specification 您眦
9. Whenever the specification or drawings of a patent registered in Hong Kong has or have been amended or treated as amended, according to the law of the United Kingdom, a request, accompanied by a copy of the specifica- tion and drawings (if any) sa amended, or a copy of the translation futo English of the amendment, as the case may be, duly certified by the comptroller, may be made to the Registrar to substitute the specification and drawings að amended for the specification and drawings originally fled.".
12. The enactments specified in the first column of the Schedule are Commegozalia! smended to the extent and ja the manger set out in the second columa andi. of the Schedule.
Schedule.
(s. 12.)
SCHEDULE
CONSEQUENTIAL AMENDMENTS
Registration of United Kingdom
Patents Rules.
Rule is amended by deleting (Cap. 42, "United Kingdom".
Jub. let.)