Renewal of Hong Kong Deemed Standard Patent
Since the implementing of the Hong Kong Patents Ordinance of 27th June 1997, those U.K. Patents / European Patents designating U.K. registered before commencement of the new Ordinance, i.e. 27th June 1997 automatically became deemed standard patents. Under the Patents Ordinance, annual renewal fees have to be paid in order for them to be in full force in Hong Kong. The deemed standard patents would remain in force for a maxiumum period of 20 years counting from the deemed filing date subject to payment of annual renewal fees. The deemed filing date is the same as the filing date of the corresponding EP(UK)/UK patent.
For a standard patent to be in force and effect, renewal fee has to be paid after the expiry of the 3rd year or any succeeding year from the anniversary of the deemed filing date first occuring after the date of grant of the standard patent.
Maintenance of Standard Patent Application
Where a rquest to record (1st stage) has been filed but a request for Registration and Grant (2nd stage) has not yet been filed, maintenance fee will have to be paid in order for the applicant to be kept pending. Maintenance fee is paid after the expiry of the 5th or succeeding year from the date of the anniversary of the date of filing of the corresponding designated patent application.
It is not necessary to pay maintenance fee if the Request for Registration and Grant (2nd stage) has been filed.
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