Hong Kong Ordinances

PATENTS ORDINANCE - SECT 44

Revocation of standard patent following opposition or revocation proceedings in the designated patent office

(Past version on 30/06/1997).

(1) This section applies to any standard patent of which the
corresponding designated patent has been revoked following prescribed
opposition or revocation proceedings in the designated patent office.

(2) The proprietor of a patent to which this section applies shall after
publication of the revocation by the designated patent office and in the
prescribed manner file with the Registrar a verified copy of the order of
revocation or other prescribed documentation.

(3) The Registrar shall record any filing under subsection (2) and shall
advertise the fact of such filing by notice in the official journal.
(Amended 2 of 2001 s. 14)

(4) A person other than the proprietor of a patent to which this section
applies may apply to the Registrar in the prescribed manner for an order under
this subsection, and where on such an application the Registrar is satisfied
that the patent is one to which this section applies he shall, subject to
subsection (5), order that the patent be revoked.

(5) The Registrar may, if he thinks fit, refer any application under
subsection (4) to the court and the court shall have jurisdiction to make an
order for the revocation of the patent.

(6) Upon the Registrar advertising the fact of a filing by the proprietor of a
patent under subsection (2) in the official journal, or upon the making of an
order by the Registrar under subsection (4) or by the court under subsection
(5) for the revocation of a patent, the patent shall be treated as never
having had effect. (Amended 2 of 2001 s. 14) [cf. EPC Art. 102]