TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 215

Clause

(b)

(c)

It is acknowledged that the provisions of paras. 1(1) and 2(1) will, in all but a few cases, have the effect of cutting down the 5 year period at present allowed under the Registration of

of Patents Ordinance for the registration of patents.

The provisions of paras 1(1) and 2(1) above are not intended to give any greater rights than at present exist i.e. there will only be a right to obtain a HK patent under these transitional provisions if the provisions of the Registration of Patents Ordinance could have applied to the UK patent or the EP patent (UK) at the commencement date.

(d)

(e)

(f)

The recommendations under paras. 1(2) and 2(2) above are intended to ensure that those persons who had made an UK application or EPA(UK) prior to the commencement date which was published but not granted before that date would not lose their right to gain protection for that patent in HK as a result of the introduction of the propposed Patents Bill.

The recommendation under 1(3) above is intended to ensure that those persons who had made only an UK application prior to the commencement date would not lose their right to gain protection for that patent in HK as a result of the introduction of the proposed Patents Bill. Persons who had applied for an EPA(UK) which is published after the commencement date will be able to apply for a HK patent under the provisions of the proposed Patents Bill.

It is not 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.

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Notes