TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 188

Clause

28.

Note

(1)

(2)

1977 Act s. 27 will be the basis for these provisions.

Rules of the court will be required to deal with the requirement to notify the Registrar, for advertisement in the Gazette, and for the relevant court proceedings.

Restoration of lapsed HK patents

Where a HK patent has ceased to have effect by reason of the failure to pay any maintenance or renewal fee as outlined in Clauses 21 & 22 the proprietor may apply to the Registrar for the restoration of the patent within a period of 18 months from the date on which the patent ceased to have effect.

Note

The conditions for such restoration are to follow those of the former UK provisions contained in s. 28 of the 1949 Act as these are considered more equitable than the current provisions.

Notes

1949 Act s.28

29.

Surrender of HK patents

1977 Act s.29

(1)

The proprietor of a HK patent may give notice to the Registrar of his intention to offer to surrender his patent.

(2)

Any person may oppose this and give notice to the Registrar who may determine this question.

(3)

(4)

(5)

If the Registrar is satisfied he may accept the offer and advertise this in the Gazette and as from the date of such advertisement the patent shall cease to have effect.

The Registrar may if he thinks fit refer the matter to the Court for decision.

Any decision of the Registrar under this clause may be appealed to the court.

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