1979 Ed.]
by-
Registration of Patents
[CAP. 42
(b) in relation to a patent under the Patents Act 1977, the date upon which the patent takes effect pursuant to section 25 of that Act; and
(1977 c. 37.)
(c) in relation to a European patent (UK), the date upon which the patent takes effect in the United Kingdom pursuant to section 77 of the Patents Act 1977. (Added, 25 of 1979, s. 5)
4.
An application under this Ordinance shall be accompanied
(a) in the case of a patent the specification of which was published in a language other than English, a certified copy of the translation into English of the specification; or
(b) in any other case, a certified copy of the specification,
together with the drawings (if any) relating to the patent and a certificate of the comptroller giving full particulars of the grant of the patent or of its taking effect in the United Kingdom on such specification.
(Replaced, 25 of 1979, s. 6)
5. Upon such application being received, together with the documents mentioned in section 4, and upon payment of the prescribed fees and of the cost of any prescribed advertisement, the Registrar shall issue a certificate of registration.
(Amended, 27 of 1958, s. 4)
6. Such certificate of registration shall confer on the applicant privileges and rights, subject to all conditions established by the law of Hong Kong, as though the patent had been granted in the United Kingdom with an extension to Hong Kong.
(Amended, 25 of 1979, s. 7)
7. The privileges and rights so granted shall date from the commencement of the term of the patent in the United Kingdom and shall continue in force only so long as the patent remains in force in the United Kingdom:
Provided that no action for infringement shall be entertained in respect of any act done prior to the date of issue of the certificate of registration in Hong Kong.
(Amended, 25 of 1979, s. 8)
7A. Subject to the provisions of this Ordinance and of section 5(3) of the Crown Proceedings Ordinance, a certificate of registration, whether issued before or after the commencement* of the Registration of United Kingdom Patents (Amendment) Ordinance 1968, shall, after the commencement of that Ordinance, have the same effect against the Crown as it has against a subject.
(Added, 24 of 1968, s. 2)
3
Application to be accompanied by certain documents.
Issue of certificate of registration.
Nature of rights conferred by registration.
Period of rights conferred by registration.
Crown. 1949 c. 87, s. 21(2). (Cap. 300.) (24 of 1968.) [*28.6.68.]
1979 Ed.]
by-
Registration of Patents
[CAP. 42
(b) in relation to a patent under the Patents Act 1977, the date upon which the patent takes effect pursuant to section 25 of that Act; and
(1977 c. 37.)
(c) in relation to a European patent (UK), the date upon which the patent takes effect in the United Kingdom pur- suant to section 77 of the Patents Act 1977. (Added, 25 of (1977 c. 37.) 1979, s. 5)
4.
An application under this Ordinance shall be accompanied
(a) in the case of a patent the specification of which was publish- ed in a language other than English, a certified copy of the translation into English of the specification; or
(b) in any other case, a certified copy of the specification,
together with the drawings (if any) relating to the patent and a cer- tificate of the comptroller giving full particulars of the grant of the patent or of its taking effect in the United Kingdom on such specification.
(Replaced, 25 of 1979, s. 6)
5. Upon such application being received, together with the documents mentioned in section 4, and upon payment of the pre- scribed fees and of the cost of any prescribed advertisement, the Registrar shall issue a certificate of registration.
(Amended, 27 of 1958, s. 4)
6. Such certificate of registration shall confer on the applicant privileges and rights, subject to all conditions established by the law of Hong Kong, as though the patent had been granted in the United Kingdom with an extension to Hong Kong.
(Amended, 25 of 1979, s. 7)
7. The privileges and rights so granted shall date from the commencement of the term of the patent in the United Kingdom and shall continue in force only so long as the patent remains in force in the United Kingdom:
Provided that no action for infringement shall be entertained in respect of any act done prior to the date of issue of the certificate of registration in Hong Kong.
(Amended, 25 of 1979, s. 8)
7A. Subject to the provisions of this Ordinance and of section 5(3) of the Crown Proceedings Ordinance, a certificate of registra- tion, whether issued before or after the commencement* of the Registration of United Kingdom Patents (Amendment) Ordinance 1968, shall, after the commencement of that Ordinance, have the same effect against the Crown as it has against a subject.
(Added, 24 of 1968, s. 2)
3
Application to be accompanied by certain documents.
Issue of certificate of registration.
Nature of rights conferred by registration.
Period of rights conferred by registration.
Crown. 1949 c. 87, s. 21(2). (Cap. 300.) (24 of 1968.) [*28.6.68.]
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