TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 216

Clause

3.

4.

(g)

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.

Simultaneous applications for UK patent and EP patent (UK) where UK patent granted and registered in Hong Kong prior to the commencement date

This clause will deal with those cases where simultaneous applications are made for a UK patent and EP patent (UK) and where the UK patent is granted and registered in Hong Kong prior to the commencement date before the EP patent (UK) is granted but where the EP patent (UK) is subsequently granted and the UK patent is subsequently revoked by the Comptroller under 1977 Act s. 73(2). Although it is intended that patents registered prior to the commencement date should continue as HK patents this clause will provide that in such cases application for a HK patent may be made under Clause 14 suitably adapted within six months after the revocation of the UK patent and that on grant of a HK patent under Clause 14 the earlier HK patent will be revoked.

UK patents or EP patents (UK) registered or applications to register made under the Registration of Patents Ordinance prior to the commencement date

(1)

This clause will provide that both UK patents granted either under the 1949 Act or the 1977 Act and EP patents (UK) which have been registered in Hong Kong under the Registration of Patents Ordinance prior to the commencement date and which are in force in the UK on that date will be deemed, by operation of law, to be HK patents under the new Patents Bill. They will be subject to all the provisions of the proposed Patents Bill particularly as regards infringement, revocation etc subject to the provisions of Schedules 1 & 2 of the proposed Patents Bill. They will remain in force until

144

Notes

Cla

5.

Con

Any

will