Cap 514B Sched 1 APPLICATION OF THE ORDINANCE FOR PURPOSES OF SECTION 3 OF THESE RULES (PATENTS (TRANSITIONAL ARRANGEMENTS) RULES; PATENTS ORDINANCE)

Contents of Section

Chapter:	514B	Title:	PATENTS (TRANSITIONAL ARRANGEMENTS) RULES	Gazette Number:
Schedule:	1	Heading:	APPLICATION OF THE ORDINANCE FOR PURPOSES OF SECTION 3 OF THESE RULES	Version Date:	30/06/1997

[sections 3 & 15]

PART I

APPLICATION OF THE ORDINANCE FOR PURPOSES OF
SECTION 3(2) OF THESE RULES TO DEEMED
STANDARD PATENTS WHICH ARE BASED
ON EXISTING REGISTERED 1949
ACT PATENTS

1. As from the commencement date, and subject to the modifications specified in paragraph 2, the following provisions of the Ordinance shall apply in relation to every deemed standard patent having effect pursuant to section 3(1) of these rules where the existing registered patent is a 1949 Act patent-

sections 2 to 7, 9, 38, 47 to 54, 62, 63, 104 to 107, 130 to 133, 135 to 143, 145 and 147 to 153.

2. For the purposes of paragraph 1, the application of the provisions of the Ordinance specified in column 1 shall have effect subject to the modifications specified opposite those provisions in column 2-

Provision of the Ordinance	Modification
section 3	Paragraphs (i) to (iv) and (vi) have no application.
section 4	(a) For the definitions in subsection (1) read- ""designated patent" (指定專利) means an existing 1949 Act patent; "designated patent application" (指定專利申請) means an application in the United Kingdom Patent Office for a 1949 Act patent the complete specification of which has been published under the law of the United Kingdom Patent Office; "designated patent office" (指定專利當局) means the United Kingdom Patent Office.". (b) For subsection (2)(a) and (b) read- "(a) to a "corresponding designated patent" in relation to a deemed standard patent is a reference to the corresponding 1949 Act patent; (b) to a "corresponding designated patent application" is a reference to an application for a corresponding designated patent.".
section 5	(a) Subsection (1)(a) has no application. (b) For subsection (2)(d) read- "(d) to a designated patent application being published is a reference to a complete specification of a 1949 Act patent being published under the law of the United Kingdom Patent Office;".
section 6	Subsection (5) has no application.
section 104	In subsection (2), for "the official language in which an application for a patent is filed" read "the language in which an application for registration under the Registration of Patents Ordinance (Cap 42) was filed".

3. Paragraphs 1 and 2 have effect-

(a) subject to sections 3, 11 and 13 of these rules;

(b) without prejudice to sections 155 to 157 of the Ordinance (which apply, in certain circumstances, provisions of the Ordinance in relation to certain patents).

PART II

APPLICATION OF THE ORDINANCE FOR PURPOSES OF
SECTION 3(2) OF THESE RULES TO DEEMED
STANDARD PATENTS WHICH ARE BASED ON
EXISTING REGISTERED 1977
ACT PATENTS

sections 2 to 7, 9, 40, 41, 46 to 56, 62 to 67, 76 to 79, 82 to 84, 91 to 107, 130 to 143 and 145 to 153.

Provision of the Ordinance	Modification
section 3	(a) Paragraphs (i) to (iii) have no application. (b) In paragraph (iv), for "publication of a request to record" read "grant of a standard patent".
section 4	(a) For the definitions in subsection (1) read- ""designated patent" (指定專利) means an existing 1977 Act patent; "designated patent application" (指定專利申請) means- (a) an application in the United Kingdom Patent Office for a 1977 Act patent, which application has been published under the law of the United Kingdom Patent Office; (b) an application in the European Patent Office for a European patent (UK), which application has been published under the law of the European Patent Office; (c) an international application which has been published and which has validly entered its national phase in the United Kingdom Patent Office or the European Patent Office (as the case may be); "designated patent office" (指定專利當局) means- (a) the United Kingdom Patent Office; or (b) the European Patent Office in relation to a European patent (UK) or an application for a European patent (UK).". (b) For subsection (2)(a) and (b) read- "(a) to a "corresponding designated patent" in relation to a deemed standard patent is a reference to the corresponding 1977 Act patent; (b) to a "corresponding designated patent application" is a reference to an application for a corresponding designated patent.".
section 55	In subsection (7), for "date of the grant" read "date of grant of the corresponding 1977 Act patent".
section 64	In subsection (1), for "date of grant of a standard patent" read "commencement date".
section 91	In subsection (1)- (a) in paragraph (d)- (i) for "application for the patent" read "application for the corresponding 1977 Act patent"; (ii) for "application for a patent" read "application for a corresponding 1977 Act patent"; (b) in paragraph (e), for "application for the patent" read "application for the corresponding 1977 Act patent"; (c) paragraph (i) has no application.
section 92	(a) In subsection (1)(a), for "patent sought to be revoked" read "corresponding 1977 Act patent". (b) In subsection (1)(b), for "date of the grant of the patent sought to be revoked" read "date of grant of the 1977 Act patent".
section 94	In subsections (2)(a) and (3)(a), for "standard patent" read "corresponding 1977 Act patent".
section 100	In subsection (3)- (a) in paragraph (a), for "standard patent" where it twice appears read "corresponding 1977 Act patent"; (b) the passage beginning "but in the application" and ending "under this Ordinance" has no application.
section 101	In subsection (4)(b)(i), for "date of the grant of the patent" read "date of grant of the corresponding 1977 Act patent".
section 103	In subsection (3)(a), for "application" read "application for a corresponding 1977 Act patent".
section 104	In subsection (2), for "the official language in which an application for a patent is filed" read "the language in which an application for registration made under the Registration of Patents Ordinance (Cap 42) was filed".

3. Paragraphs 1 and 2 have effect-

(a) subject to sections 3 and 13 of these rules;

(b) without prejudice to sections 155 to 157 of the Ordinance (which apply, in certain circumstances, provisions of the Ordinance in relation to certain patents).