TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 35

GOVERMENT HOUSE HONG KONG.

HED 01 DEC 93 10:28

CONFIDENTIAL

PG.05

機密

(c)

(a)

(e)

(£)

(g)

Patent tera.

The patent will take effect from the date of grant in Hong Kong and will remain in force for 20 years from the date of filing the corresponding European or

Chinese patent application (the filing date) with EPO or CPO where appropriate.

Renewal. The patent will cease to have effect unless renewed at the end of the 4th year, after the filing date or on the second anniversary of that filing date occurring after the date of grant of the patent whichever is later and thereafter annually. The Registrar may refuse to renew the patent unless he is notified of any amendment, revocation or outcome of opposition proceedings or request to revoke made or taken in respect of a corresponding European or Chinese patent (see sub-para. (e) below)

•

Amendment Or revocation of HK patent after opposition in EPO or request to revoke in the

CPO.

As an exception to the general rule that a patent once granted should only be capable of being amended ог revoked after application to the court (see sub-paras. (f) and (m) below), there will be provisions specified in the law for the amendment or revocation of a patent granted in Hong Kong, if the corresponding European or Chinese patent is amended or revoked as result of opposition proceedings made in respect of the corresponding European patent to the EPO within nine months after grant, or a request to revoke a corresponding Chinese patent made to the CPO within six months after grant.

Power to azend specification of a patent after grant in Hong Kong. A general power is given to the proprietor of the patent to apply to the court to amend the specification of the patent. The court may by order allow such amendment subject to such conditions as it thinks fit. Any person may give notice of their intention to object to such amendment and to appear at the hearing of the application. ΟΠ filing of the court order the Registrar shall amend the specification and shall publish this.

Restoration of lapsed patents. Where a Hong Kong patent has ceased to have effect because of the proprietor's failure to renew a granted patent, the proprietor may apply for restoration within

a period of 18 months from the date on which the patent ceased to have effect.