TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 212

Clause

SCHEDULE 1

Notes

Application of the 1949 Act to patents and applications existing before the introduction of the 1977 Act

Transitional provisions will be required based on the 1977 Act Schedule 1, suitably adapted to take note of any specific requirements in Hong Kong, to ensure that the provisions of the 1949 Act continue to apply, as appropriate, for patents granted or applications made to the UK under that Act and subsequently registered in HK under the Registration of Patents Ordinance or under the transitional provisions of the proposed Patents Bill.

1977 Act Sch. 1

SCHEDULE 2

Application of the 1977 Act to patents and applications existing before the introduction of the 1977 Act

Transitional provisions will be required based on the 1977 Act Schedule 2, suitably adapted to take note of any specific requirements in Hong Kong, to ensure that the provisions of the 1977 Act continue to apply, as appropriate, to patents granted or applications made to the UK under the 1949 Act and subsequently registered in HK under the Registration of Patents Ordinance or under the transitional provisions of the proposed Patents Bill.

1977 Act Sch.2

SCHEDULE 3

Transitional provisions

1.

Request to record and application for grant of a HK patent based on a UK patent or a UK patent application

(1)

UK patents granted but not registered in Hong Kong prior to the commencement date

This clause will apply to the proprietor of a UK Patent which has been granted either under the 1949 Act or the 1977 Act prior to the commencement date but where application to register under the Registration of Patents

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