C.S.O. 3596/22.
A BILL
[No. 28-29.11.27.-2.]
INTITULED
An Ordinance to amend the Registration of United Kingdom Patents Ordinance, 1925, and to make certain provisions with regard to letters patent granted under the Patents Ordinance, 1892.
BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows :—
1. This Ordinance may be cited as the Registration of Short title. United Kingdom Patents Amendment Ordinance, 1928.
2. Section 3 of the Registration of United Kingdom Amendment Patents Ordinance, 1925, is repealed and the following of Ordinance section is substituted therefor :-
Application 3. Any person being the grantee of a patent for registra in the United Kingdom, or any person deriving tion in Hong his right from such grantee by assignment, Kong of patent granted in the United Kingdom.
transmission or other operation of law, may, within five years from the date of issue of the patent, or if the patent was issued prior to the 1st day of January, 1926, then within five years from the 31st day of December, 1925, apply to have such patent registered in Hong Kong. Where any partial assignment or transmission has been made all proper parties shall be joined in the application for registra- tion.
No. 13 of 1925, s. 3.
3. It is hereby declared and enacted that notwithstand- Declaration ing the repeal of the Patents Ordinance, 1892, all rights, as to rights obligations and duties conferred or imposed by or under and obliga- tions under the provisions of that Ordinance and still subsisting im- Ordinance mediately before such repeal, including the rights, obliga- No. 2 of 1892. tions and duties conferred or imposed by section 8 of the said Ordinance, shall, for all purposes whatsoever, be deemed to have continued to subsist after such repeal, and shall, unless expired before the commencement of this Ordinance, be deemed to continue to subsist, in all res- pects, and to such extent, as if the said Ordinance had not been repealed.
Objects and Reasons.
1. The Registration of United Kingdom Patents Ordi- nance, Ordinance No. 13 of 1925, was introduced on the in- structions of the Secretary of State in order to carry out the recommendations of the British Empire Patent Conference, 1922, and of the Imperial Economic Conference, 1923. It provided inter alia that applications for registration in Hong Kong must be made within three years from the date of the issue of the patent in the United Kingdom. One effect of this is to make it impossible to register here patents which were issued in the United Kingdom more than three years before the commencement of the new Ordinance. The present amending Ordinance proposes to relieve this hardship by providing that the time limit for making applications in Hong Kong shall, in the case of patents granted in the United Kingdom before the 1st
12
No comments yet.
Private notes are available after approval.