10.51.
We therefore wish to ensure that persons who had made an application for an UK patent or for an EP patent designating the UK prior to the introduction of the new system which was published but not granted or in the case of an application for an UK patent had not been published, should not lose their right to gain protection for their invention in Hong Kong. It is not however considered necessary to make special provisions for EPA or EP patents not designating the UK which were respectively published or granted prior to the commencement date because under the current provisions the applicants or proprietors would have had no right to obtain protection in Hong Kong.
10.52. It is intended that the proposed Patents Bill will permit any person who has applied for an EPA whether or not designating the UK to apply for a HK Patent if the EPA is published on or after the commencement date i.e. the right to apply will depend on the publication date of the EPA and not the date of application.
Patents registered under the provisions of the Registration of Patents Ordinance before the commencement date
10.53. We propose that patents registered under the current system before the introduction of the new system and which are in force in the United Kingdom on that date will by operation of law be HK Patents under the new law. Such patents will be subject to all the provisions of the new law except for the requirement to renew for an initial period of 3 years after the commencement date. They will remain in force for a period of 20 years from the date of filing the application in the United Kingdom whether or not they are renewed or revoked in the United Kingdom.
10.54.
We consider that it would be inappropriate under the new system for patents registered under the former system to be in force while they remain in force in the United Kingdom and consequently be capable of being revoked in the United Kingdom, and as a consequence in Hong Kong, by virtue of court proceedings in the United Kingdom. We consider that after an initial period of 3 years proprietors should be required to renew in Hong Kong.
UK and EPO (UK) patents granted but not registered in Hong Kong at the date of introduction of the system
10.55.
We propose that UK and EP(UK) patents, which have been granted before the introduction of the new system which could have, but have not been, registered under the current system, will still be capable of being registered as HK patents under the new system, provided that the relevant application is made within the time period to be specified.
10.56. We propose that the time period for application should be between 6 to 12 months after the commencement date depending on administrative requirements. We acknowledge that this will have the effect, in the great majority of cases, of cutting down the 5 year period at present allowed under the Registration of Patents Ordinance. We consider however that it is important that on the introduction of the new system all applications for HK patents are made within similar time periods. We are of the view that, provided
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