|
FAQ > Patents > Post-grant
actions relating to the designated patent
Post-grant
actions relating to the designated patent
- Is
my patent affected by post-grant actions relating to the
designated patent?
Hong Kong SAR patents stand alone and are not affected by post-grant actions relating to the designated patent on which the Hong Kong SAR standard patent is based.
But there is an exception. Because grant in the European Patent Office is conditional upon there being no opposition within certain fixed time periods, grant of a standard patent in Hong Kong, China based on a European (UK) is also subject to this condition. This means that if grant in Europe is revoked as a result of opposition in the European Patent Office, a Hong Kong SAR standard patent based on the revoked patent will also be revoked, on application to the Registrar of Patents in Hong Kong, China or to the court.
Similarly, post registration amendments to the Hong Kong SAR standard patent can usually only be made by applying to the court. But if amendments arise as a result of opposition in the European Patent Office, amendments may be made to the corresponding standard patent by applying to the Registrar of Patents in Hong Kong, China within a short fixed time period.
|
|