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Chapter: | 514B
 | Title: | PATENTS (TRANSITIONAL ARRANGEMENTS) RULES | Gazette Number: | |
| Section: | 13 | Heading: | Entry in register | Version Date: | 30/06/1997 |
(1) As from the commencement date there shall be deemed to be entered in the register kept under the Ordinance details of every standard patent deemed to be granted under section 3(1).
(2) It shall be the duty of the Registrar to add to the register those details deemed to be entered in the register by virtue of subsection (1), and for this purpose the Registrar shall take such steps as are reasonably practicable to identify all those 1949 Act or 1977 Act patents registered under the repealed Ordinance which at the commencement date were in force in the United Kingdom, and the Registrar may for the purposes of this subsection assume in the absence of evidence to the contrary that-
- (a) any 1949 Act or 1977 Act patent in force in the United Kingdom on 6 December 1996, other than a patent the term of which was due to expire before the commencement date; and
(b) any 1949 Act or 1977 Act patent granted in the United Kingdom since 6 December 1996,
(3) The Registrar may delete from the register any details in relation to a deemed standard patent which he has added to the register in reliance on either of the assumptions stated in subsection (2) if it comes to his knowledge that the corresponding 1949 Act or 1977 Act patent was not in force in the United Kingdom at the commencement date.
(4) The Registrar may, upon application being made to him by any person under this subsection, delete from the register any details in relation to a deemed standard patent where it appears to him that the corresponding 1949 Act or 1977 Act patent was not in force in the United Kingdom at the commencement date.
(5) An application under subsection (4) shall be made in the prescribed manner.
(6) No details in relation to a deemed standard patent shall be deleted from the register under subsection (3) or pursuant to an application under subsection (4) unless notice of the Registrar's intention to delete those details or of the application (as the case may be) has been given in the prescribed manner to the person named in the register as the proprietor of the deemed standard patent.
(7) Details deleted from the register under subsection (3) or pursuant to an application under subsection (4) shall be deemed never to have been added to the register.
(8) The Registrar may, upon an application being made to him by the proprietor of a patent under this subsection, if the Registrar satisfied that the patent is a deemed standard patent, add to the register any details deemed to be entered in the register pursuant to subsection (1) in relation to that patent.