TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 217

Clause

(2)

the end of the period of 20 years beginning from the date of filing the application in the United Kingdom whether or not they are renewed or revoked in the United Kingdom. They will be required to be renewed in Hong Kong in accordance with Clause 22 as from the third anniversary of the filing date occurring after the commencement date.

This clause will also provide that applications to register UK patents and EP patents(UK) under the Registration of Patents Ordinance filed prior to the commencement date will be registered, if they fulfil the requirements of that Ordinance, as of the date immediately prior to the commencement date.

5.

NOTE

(1)

(2)

It is considered, even though existing patents are not required to be renewed under the present system that proprietors should under the new system be required to pay annual renewal fees to keep their patents live after an initial 3 year period.

It may be necessary to provide an 'avoidance of doubt' clause to ensure that such patents are, and were, covered by the provisions of the new Patents Bill except as specifically excluded.

Applications for UK patents made prior to the commencement date but allowed to lapse and EPA subsequently made

This clause will contain provisions enabling the UK priority date to be used as the priority date for the subsequent EPA for which a request to record is made.

SCHEDULE 4

Consequential amendments

Any consequential amendments to other Ordinances which are required will be specified in this Schedule.

145

Notes