WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade~Related Aspects of 
Intellectual Property Rights IPINI1IHKGfPI2 
20 March 2000 
(00-1129) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CHINA 
The present document reproduces the text! of the Patents (Transitional Arrangements) Rules, 
as notified by Hong Kong, China under Article 63.2 of the Agreement (see document IP/N/1/HKG/2). 
Conseil des aspects des droits de proprit~te 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63.2 DE L'ACCORD 
HONG KONG, CHINE 
Le present document contient le texte! des Regles relatives aux brevets (dispositions 
transitoires), notifiees par Hong Kong, Chine au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/lIHKG/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL P ARRAFO 2 
DEL ARTiCULO 63 DEL ACUERDO 
HONG KONG, CHINA 
En el presente documento se reproduce el texto! del Reglamento de Patentes (disposiciones 
transitorias) notificado por Hong Kong, China en virtud del parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/N/1/HKG/2). 
1 In English only'/En anglais seulement.lEn ingles solamente. IPIN/1/HKG/P/2 
Page 2 
Chapter: 5MB 
(L.N. 335 of 1997) Title: 
Heading: PA,TENTS{TRANSlTl()NAL Oazeue Number: 
ARRANGEMENTS) RULES 
Empowering section Version Date: 30106/1997 
(Cap 514 section 158) 
[27 June 1997] (L.N. 367 of 1997) 51413 Title; 
Section: 1 Heading: IP/NIIIHKG/P/2 
Page 3 
PATEJ';.'TS(TRANS1TIONAL Gazette Number: 
A.RRANGEMENTS}RULFS 
(Omitted as spent) Version Date: 30/0611997 
(Omitted as spent) IP/N/1/HKG/P/2 
Page 4 
PATEN.fS{TRANSfTI0NAL GazetteNurnber: 
ARRANGBMENT$) RULES 
Section: 2 Heading: Interpretation Version Date: 30/0611997 
(1) In these Rules, unless the context otherwise requires­
(a) "corresponding 1949 Act or 1977 Act patent" 
means, in relation to a deemed standard patent, the 1949 Act or 1977 Act patent 
which constitutes the existing registered patent referred to in section 3(1); 
"deemed standard patent" means a standard patent deemed to be 
granted by virtue of section 3( 1); 
"European patent" means a patent granted by virtue of the European Patent 
Convention; 
"European Patent Convention" means the Convention on the 
Grant of European Patents done at Munich on 5 October 1973; 
"European Patent Office" means the office of that name of the European 
Patent Organization established by the European Patent Convention; 
"the Ordinance" and "the principal Ordinance" mean the Patents 
Ordinance (Cap 514); 
"United Kingdom Patent Office" means the office established under 
the laws of the United Kingdom for the granting of patents for inventions; 
(b) the expressions listed in the left-hand column below have the same meaning as in the 
provisions of the Ordinance listed in the right-hand column in relation to those expressions-
1949 Act 
1949 Act patent 
1977 Act 
1977 Act patent 
commencement date 
European patent (UK) Expression 
existing 1949 Act or 1977 Act patent 
existing application for a 1949 Act patent 
existing registered patent 
pending application for registration of a patent under the 
repealed Ordinance 
published application for a 1977 Act patent 
the repealed Ordinance 
standard patent Relevant provision 
of the Ordinance 
section 158(1) 
section 158(1) 
section 158(1) 
section 158( 1) 
section 158(1) 
section 158(1) 
section 158(1) 
section 158(1) 
section 158(1) 
section 158(1) 
section 158(1) 
section 158(1) 
section 2(1); 
(c) other expressions used in these Rules have the same meaning as in the Ordinance. 
(2) Section 159(2)(a) and (b) of the Ordinance applies in relation to these Rules as if the words "In 
these Rules" were substituted for the words "In this Part" appearing in that section. Chapter: 5T4B 
3 IP/NI1 IHKG/P/2 
Page 5 
Tlde; PATb~TS(TRANSl'flQNAL···· G~twNumber: 
He.ading; ARR~NGEMENT$)·R.tJbES 
P3tents.regist~red ulldertbe VersionD'ate: 
repealed Ordinance 
Transitional arrangements affecting persons having 
rights, or expectation of rights, 
under the repealed Ordinance 30/06/1997 
(1) As from the commencement date, a standard patent is deemed to be granted under section 
27(1)(b) of the principal Ordinance for the invention shown in the published specification of every 1949 Act 
or 1977 Act patent which immediately before the commencement date was registered under the repealed 
Ordinance and at the commencement date was in force in the United Kingdom (in these Rules referred to as 
an "existing registered patent"), and every such standard patent is deemed to be so granted pursuant to an 
application under the principal Ordinance by the person who was registered under the repealed Ordinance as 
the proprietor of the existing registered patent. 
(2) Schedule 1 has effect for securing the application of certain provisions of the Ordinance on and 
after the commencement date in relation to every such deemed standard patent but, except as otherwise 
provided, the Ordinance does not apply in relation to any such patent. 
(3) In subsection (1), reference to the published specification of an existing registered patent is a 
reference to that specification as amended or treated as amended according to the law of the United 
Kingdom at the commencement date, regardless of whether a request has been made to the Registrar under 
section 9 of the repealed Ordinance in relation to such amendment. 
(4) For the purposes of the application of section 38 of the Ordinance in relation to deemed standard 
patents, the date of filing that applies in relation to a deemed standard patent for the purposes of section 
4(1 )(b) shall be treated as the deemed date of filing of the application for that deemed standard patent. IPIN/l/HKG/P/2 
Page 6 
(1) 5148 Tide: PATENTS(rRi\:<~sn10~AL GawtteNm'nber: 
i\RJt4NGEM£l\'TS) RtJt£S 
4 Term ()fdeemed sia.udaTd VetSlonDate: 30/Q{5/t997 
patentha~illg effect 
pursuant to s«'tmn :3 
Every deemed standard patent having effect pursuant to section 3(1)-
(a) is deemed to have been granted on, and to take effect as from, the commencement date; 
(b) subject to subsection (2), remains in force until the end of the period of20 years beginning 
from-
(i) if the existing registered patent is a 1949 Act patent, the date of filing of a complete 
specification under the 1949 Act; or 
(ii) if the existing registered patent is a 1977 Act patent, the date of filing of the application 
for that patent in the United Kingdom Patent Office or European Patent Office (as the 
case may be), 
and so remains in force whether or not the 1949 Act or 1977 Act patent remains in force in 
the United Kingdom. 
(2) If it is desired to keep a deemed standard patent in force for a further year after the expiry of the 
3rd or any succeeding year from the date specified in subsection (3), the renewal fee prescribed for the 
purposes of section 39(2) of the Ordinance shall be paid before the expiry of that 3rd or, as the case may 
be, succeeding year, but not earlier than a date 3 months before that expiry, and a deemed standard patent 
shall cease to have effect at the expiry of that 3rd or succeeding year if the renewal fee is not so paid. 
(3) The date specified for the purposes of subsection (2) is the anniversary of the date specified in 
subsection (1 )(b )(i) or (ii) in relation to the deemed standard patent first occurring after the commencement 
date. 
(4) Section 39(4) of the Ordinance applies in relation to deemed standard patents as if-
(a) reference in that section to the period specified in section 39(2) of the Ordinance was a 
reference to the period specified in subsection (2) of this section; 
(b) reference in that section to a standard patent was reference to a deemed standard patent. 
(5) The Registrar may by notice published in the Gazette amend the period specified in subsection 
(2) by reference to which the earliest date for payment of a prescribed renewal fee in relation to a deemed 
standard patent is determined. Cha,pter: 5gB TWe: 
Section: 5 IP/N/lIHKG/P/2 
Page 7 
PATENTS CTIt<\NS1110NAL C'tazette N(uuber: 
ARRAoN0i3MENTS}RULES 
P(tllQing applicllti~n$f(u. 
r~gistriltiolt· under the . 
repealed Ordinance 3-0/06f 19<)7 
(1) If immediately before the commencement date an application had been made under section 3 of 
the repealed Ordinance to have a 1949 Act or 1977 Act patent registered under section 5 of the repealed 
Ordinance but no certificate of registration had been issued, then section 5 of the repealed Ordinance 
continues to apply in relation to that patent as if section 154 of the principal Ordinance had not been 
enacted, except that reference in section 5 of the repealed Ordinance to the Registrar shall be read as a 
reference to the Registrar under the principal Ordinance. 
(2) For the purposes of section 3, where by virtue of subsection (1) a certificate of registration under 
section 5 of the repealed Ordinance is issued on or after the commencement date in relation to a patent for 
an invention, the patent shall be deemed to have been registered under the repealed Ordinance on the day 
before the commencement date, and accordingly a standard patent shall be deemed to be granted for that 
invention by virtue of section 3(1). 
(3) Where a deemed standard patent has effect by virtue of section 3(1) pursuant to the issue of a 
certificate by the Registrar as provided for in this section, no action shall lie for infringement of the deemed 
standard patent in respect of any act done before the date on which that certificate was issued. IP/N/lIHKG/P/2 
Page 8 
Chapt~r: 5149 Tide: PATENTS (TRA •• ""'J"StTIONAL Gazette Numbm': 
ARRANGEMENTS) RtrLBS 
Sccth:'1n; Hea4ing; EXisting 1'949 Ad ()r·1977 Version Date: 
Act patent 
(1) Subject to these Rules and to necessary modification, sections 23 to 27 of the Ordinance (which 
provide for the registration of a designated patent and the grant of a standard patent) apply in relation to­
(a) an existing 1949 Act or 1977 Act patent; and 
(b) the grantee of such a patent or any person deriving rights from such grantee by assignment, 
transmission or other operation of law, 
as they apply in relation to a patent granted in a designated patent office in pursuance of a designated patent 
application recorded in the register and to the applicant for a standard patent under Part II of the Ordinance 
or his successor in title. 
(2) For the purposes of section 23(2) of the Ordinance as so applied, a request for registration and 
grant in relation to an existing 1949 Act or 1977 Act patent shall be made not later than the date occurring­
(a) 12 months after the commencement date; or 
(b) 5 years after the date of grant of the existing patent, 
whichever is the earlier, and in paragraph (b) "date of grant" means-
(i) in relation to an existing 1949 Act patent, the date of sealing of the patent under section 19 
of the 1949 Act or the date upon which the patent takes effect in the United Kingdom 
pursuant to section 25 of the 1977 Act (as the case may be); 
(ii) in relation to an existing 1977 Act patent other than a patent to which paragraph (iii) applies, 
the date upon which the patent takes effect in the United Kingdom pursuant to section 25 of 
the 1977 Act; 
(iii) in relation to an existing 1977 Act patent that is a European patent (UK), the date upon 
which the patent takes effect in the United Kingdom pursuant to section 77 of the 1977 Act. 
(3) Part I of Schedule 2 has effect for securing that sections 23 to 27 of the Ordinance as applying 
for the purposes of subsection (1) shall have effect subject to the modifications specified in that Part in 
relation to those sections. 
(4) Parts II and III of Schedule 2 have effect for securing the application of certain provisions of the 
Ordinance on and after the commencement date in relation to any patent or patent application provided for 
in this section but, except as otherwise provided, the Ordinance does not apply in relation to any such patent 
or patent application. Section: "I ,. IP/NIIIHKG/P/2 
Page 9 
PA~Nrs(fRANStT10NALOazette Number; 
A~\l·S()EM!;;'NTS) .• RULES 
PuMisbed~ppUeatians tor Version Date: 
1917 Act patents 30J~)6/1997 
(1) Subject to these Rules and to necessary modification-
(a) sections 15 to 22 of the Ordinance (which provide for the recording in the register of a 
designated patent application as the first stage of an application for a standard patent) apply 
in relation to-
(i) an application for a 1977 Act patent published before the commencement date; and 
(ii) the person named as applicant in such an application or any person deriving rights 
from such applicant by assignment, transmission or other operation of law, 
as they apply in relation to an application in a designated patent office for a patent for an 
invention and a person entitled under section 12 of the Ordinance to apply for the grant of a 
standard patent for the invention; and 
(b) sections 23 to 27 of the Ordinance (which provide for the registration of a designated patent 
and the grant of a standard patent) apply in relation to-
(i) a 1977 Act patent granted after the commencement date pursuant to a published 
application for a 1977 Act patent (whether that patent is a European patent (UK) or a 
patent granted under the 1977 Act); and 
(ii) the grantee of such a patent or any person deriving rights from such grantee by 
assignment, transmission or other operation of law, 
as they apply in relation to a patent granted in a designated patent office in pursuance of a 
designated patent application recorded in the register and to the applicant for a standard 
patent under Part II of the Ordinance or his successor in title. 
(2) For the purposes of section 15(1) of the Ordinance as so applied, a request to record a published 
application for a 1977 Act patent may be made at any time within 18 months after the commencement date. 
(3) Part I of Schedule 3 has effect for securing that sections 15 to 27 of the Ordinance as applying 
for the purposes of subsection (1) shall have effect subject to the modifications specified in that Part in 
relation to those sections. 
(4) Part II of Schedule 3 has effect for securing the application of certain provisions of the Ordinance 
on and after the commencement date in relation to any patent or patent application provided for in this 
section but, except as otherwise provided, the Ordinance does not apply in relation to any such patent or 
patent application. IP/N/1/HKGIP/2 
Page 10 
Chapter: SJ4B Title; 
Section: 8 Heading: PATENT${TRANsrnONAL G::W.et!;e Num~r; 
ARRANGEMENrS)1tULES 
PubUsb:w ~pp:lkations- fO'f Version Date: 
1911·.Aetp atents-::alternative 
prot(:dure:where .. p~tC'n~ 
gt'dnted~"'itliin· 12 montbs 
after commencement date 30/06/1997 
(1) Subject to these Rules and to necessary modification, and without prejudice to section 7, sections 
23 to 27 of the Ordinance (which provide for the registration of a designated patent and the grant of a 
standard patent) apply in relation to-
(a) a 1977 Act patent of the kind specified in section 7(1)(b)(i) where the patent is granted 
within 12 months after the commencement date; and 
(b) the grantee of such a patent or any person deriving rights from such grantee by assignment, 
transmission or other operation of law, 
as they apply in relation to a patent granted in a designated patent office in pursuance of a designated patent 
application recorded in the register and to the applicant for a standard patent under Part 11 of the Ordinance 
or his successor in title. 
(2) For the purposes of section 23(2) of the Ordinance as so applied, a request for registration and 
grant pursuant to subsection (1) shall be made within 6 months after the date of grant of the 1977 Act 
patent, and in this subsection "date of grant" means-
(a) in relation to a 1977 Act patent other than a patent to which paragraph (b) applies, the date 
upon which the patent takes effect in the United Kingdom pursuant to section 25 of the 
1977 Act; 
(b) in relation to a 1977 Act patent that is a European patent (UK), the date upon which the 
patent takes effect in the United Kingdom pursuant to section 77 of the 1977 Act. 
(3) Part I of Schedule 4 has effect for securing that sections 23 to 27 of the Ordinance as applying 
for the purposes of subsection (1) shall have effect subject to the modifications specified in that Part in 
relation to those sections. 
(4) Part II of Schedule 4 has effect for securing the application of certain provisions of the Ordinance 
on and after the commencement date in relation to any patent or patent application provided for in this 
section but, except as otherwise provided, the Ordinance does not apply to any such patent or patent 
application. Chapter: 514H 
Section; PATEN1S{TRANSlTIONAL Gazette Number: 
ARRANGEMENTS)·.RULES 
Existing appli~ations for 
t 949 Act p:at~nts, .and 
p.atents gr-anted af~l'tbe 
comm~ncelU~nt d~te 
purS~llnt to those 
appncati~llS IP/N/lIHKG/P/2 
Page 11 
(1) Subject to these Rules and to necessary modification, sections 23 to 27 of the Ordinance (which 
provide for the registration of a designated patent and the grant of a standard patent) apply in relation to-
(a) a patent granted after the commencement date pursuant to an existing application for a 1949 
Act patent; and 
Cb) the grantee of such a patent or any person deriving rights from such grantee by assignment, 
transmission or other operation of law, 
as they apply in relation to a patent granted in a designated patent office in pursuance of a designated patent 
application recorded in the register and to the applicant for a standard patent under Part II of the Ordinance 
or his successor in title. 
(2) For the purposes of section 23 of the Ordinance as so applied, any request for registration and 
grant in relation to any 1949 Act patent specified in subsection (1)(a) shall be made not later than the date 
occurring-
(a) 6 months after the date of grant of the patent; or 
(b) 20 years after the date of filing the complete specification under the 1949 Act, 
whichever is the earlier, and in paragraph (a) "date of grant" means the date upon which the 
patent takes effect in the United Kingdom pursuant to section 25 of the 1977 Act. 
(3) Part I of Schedule 5 has effect for securing that sections 23 to 27 of the Ordinance as applying 
for the purposes of subsection (1) shall have effect subject to the modifications specified in that Part in 
relation to those sections. 
(4) Part II of Schedule 5 has effect for securing the application of certain provisions of the Ordinance 
on and after the commencement date in relation to any patent or patent application provided for in this 
section but, except as otherwise provided, the Ordinance shall not apply in relation to any such patent or 
patent application. IP/N/lIHKGIP12 
Page 12 
514B 
Section: Title: 
Heading: PATh'NTS (TRANSITlON,AL Gazette Number: 
ARRANGEMENTSy·R:ULES 
Am~ndmentorhw(X:atit)n Version Date: 
~f:e"isti!lg regisfe-red parent 
notto have any effect 
Miscellaneous 30/06/1.997 
Except as provided in section 11 or in any other rules made for the purposes of section 158(3)(d) of 
the Ordinance, no amendment to or revocation of an existing registered patent in the United Kingdom by 
virtue of any order or other operation of law made or taking effect on or after the commencement date shall 
have any effect for the purposes of any standard patent granted or deemed to be granted under the 
Ordinance by virtue of these Rules, regardless of whether the amendment or revocation has or is treated as 
having effect in the United Kingdom as from a date prior to the commencement date. Chapter: 51413 Title~ 
Section: PA1'EN'TS (TRANSll1()NA.L Gazetle Number: 
ARAANGEMENTS).aQLES 
Amendment t)rfe(t()~ti()pVersion Date: 
of1949 Ad patents in 
tinittl<l Kingdmn P#t~nt 
o-ffic~tuUt)willgopposition 
or revocation proceedings IP/N/lIHKG/P/2 
Page 13 
30!06/1997 
(1) This section applies to-
(a) deemed standard patents having effect under section 3 by virtue of an existing registered 
patent that is a 1949 Act patent; 
(b) standard patents having effect under section 6 or 9 by virtue of an existing 1949 Act patent 
or a patent granted pursuant to an existing application for a 1949 Act patent 
(2) Sections 43, 44 and 91(1)(i) of the Ordinance shall apply in relation to a standard patent specified 
in subsection (1) as if-
(a) a reference in those sections to "corresponding designated patent" was a reference to the 
1949 Act patent specified in subsection (1) in relation to that patent; 
(b) a reference to "designated patent office" was a reference to the United Kingdom Patent 
Office; 
(c) a reference to prescribed opposition or revocation proceedings was a reference to 
proceedings for amendment or revocation ofthe 1949 Act patent pursuant to the 1977 Act IP/N/1/HKG/P/2 
Page 14 
12 f>ATENTS{TRANSmONAL GM'"ett(:Num~r; 
ARRANGBMENTS)R.ULES 
Priorities as between Versi<mDa1e; 
pa~n:ts~l'Id. patent 
applications under 1949 Ad 
and other patents and patent 
applications 30lU6! 199'7 
(1) This section shall have effect for the purpose of resolving questions of priority arising as 
between~ 
(a) 1949 Act patents and applications for those patents; and 
(b) 1977 Act patents and applications for those patents and patents and applications for patents 
under the Ordinance. 
(2) A complete specification under the 1949 Act shall be treated for the purposes of section 94(3) of 
the Ordinance~ 
(a) if published under that Act, as a published application for a patent under the Ordinance; 
(b) if it has a date of filing under that Act, as an application for a patent under the Ordinance 
having as its date of filing under the Ordinance that date of filing, 
and in section 94(3) of the Ordinance as it applies by virtue of this subsection in relation to any such 
specification the words "as filed" shall be omitted. Chapter: 5\4B Tide: 
Section: 13 Heading: PATENTS (TRANSI110NAL 
ARRANGE~1£NT$) RULES 
Entry in register IP/N/l/HKG/P/2 
Page 15 
Gazette-Number: 
Version Date: 3010611997 
(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, 
is in force in the United Kingdom at the commencement date. 
(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 ofthe 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. IP/NIIIHKG/P/2 
Page 16 
Chapt~.: 514B 
Secth:m: 14 Titk: PATENTS (TR:k'JSITIONAt Gaz.ettc Nwnber; 
ARRANGEME:N"TS)RULBS 
P:rf)t~tWn. ()ftMr.q",party Version Date.: j.O/06j+~197 
rlgijtswnere>ije'tatisare 
added t& register under 
section 13 
(1) This section applies where-
(a) details in relation to a deemed standard patent are added to the register pursuant to section 
13(8); and 
(b) at the commencement date the corresponding 1949 Act or 1977 Act patent had ceased to 
have effect in the United Kingdom by reason of the non-payment of any renewal fee, but 
subsequently is restored in the United Kingdom by virtue of an order for restoration made 
under the 1977 Act. 
(2) Except as provided in subsection (3), the fact that the corresponding 1949 Act or 1977 Act patent 
had ceased to have effect shall not affect the rights of the proprietor of the deemed standard patent to 
prevent the use of the invention under Part X of the Ordinance or to bring proceedings under Part XI of the 
Ordinance in respect of any act of infringement, and in particular shall not affect those rights in relation to 
any act of infringement during the period when it was possible for the corresponding 1949 Act or 1977 Act 
patent to be renewed and to be treated for the purposes of the 1977 Act as if it had never expired. 
(3) If, after it was no longer possible for the corresponding 1949 Act or 1977 Act patent to be so 
renewed in the United Kingdom, but before details of the deemed standard patent were added to the register 
pursuant to section 13(8), a person in Hong Kong-
(a) began in good faith to do an act which, but for this section would have constituted an 
infringement of the deemed standard patent; or 
(b) made in good faith effective and serious preparations to do such an act, 
he has the rights specified in subsection (4). 
(4) The rights referred to in subsection (3) are-
(a) the right to continue to do or, as the case may be, to do the act referred to in subsection (3); 
(b) if such act was done or preparations had been made to do it in the course of a business-
(i) in the case of an individual-
(A) the right to assign the right to do it or to transmit such right on death; or 
(B) the right to authorize the doing of that act by any of his partners for the time 
being in the business in the course of which the act was done or preparations 
had been made to do it; 
(ii) in the case of a body corporate, the right to assign the right to do it or to transmit such 
right on the body's dissolution, 
and the doing of that act by virtue of this subsection shall not amount to an infringement of the deemed 
standard patent concerned. 
(5) The rights specified in subsection (4) shall not include the right to grant a licence to any person to 
do an act referred to in subsection (3). 
(6) Where a patented product is disposed of to another in exercise of a right conferred by subsection 
(4), that other and any person claiming through him may deal with the product in the same way as if it had 
been disposed of by a registered proprietor of the patent. Chapter: 514.B Title; 
Sedion! 15 PATEJ'i<'TS{TRANSrrIO~tAL Gazette Number: 
ARRANGEMENTS} Rl}LES 
Registrar IDayarnend 
Schedules' Version Date~ IP/N/lIHKGIPI2 
Page 17 
30/06!l997 
The Registrar may by notice published in the Gazette amend any of the Schedules. IP/N/1/HKG/P/2 
Page 18 
Chapter: 51413 Title: PATENTS (TRANSiTiONAL Oa7A;':rteNtmlber; 
.ARRANGEMENTS}RULBS 
Schedule: I Heading: li.f>f>LlCAT10NOF·Tl:I:E Version Date: :3Q!06d 997 
ORUlNANeE FOR 
PURPOSES OFSECTlON 3 
OF THESE RULES 
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 [sections 3 & 15] 
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 
section 3 
section 4 
section 5 
section 6 
section 104 Modification 
Paragraphs (i) to (iv) and (vi) have no application. 
(a) For the definitions in subsection (1) read-
""designated patent" means an existing 1949 Act patent; 
"designated patent application" 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" 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.". 
(a) Subsection (l)(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;". 
Subsection (5) has no application. 
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-IP/N/lIHKG/PI2 
Page 19 
(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 
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 1977 Act patent-
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. 
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 Modification 
the Ordinance 
section 3 (a) Paragraphs (i) to (iii) have no application. 
(b) In paragraph (iv), for "publication ofa request to record" read "grant ofa standard 
patent". 
section 4 (a) For the definitions in subsection (1) read-
""designated patent" means an existing 1977 Act patent; 
"designated patent application" 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" 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 5 5 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". IP/N/1/HKG/P/2 
Page 20 
section 91 
section 92 
section 94 
section 100 
section 101 
section 103 
section 104 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. 
(a) In subsection (l)(a), for "patent sought to be revoked" read "corresponding 1977 
Act patent" . 
(b) In subsection (l)(b), for "date of the grant of the patent sought to be revoked" 
read "date of grant of the 1977 Act patent" . 
In subsections (2)(a) and (3)(a), for "standard patent" read "corresponding 1977 Act 
patent". 
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. 
In subsection (4)(b )(i), for "date of the grant of the patent" read "date of grant of the 
corresponding 1977 Act patent" . 
In subsection (3)(a), for "application" read "application for a corresponding 1977 Act 
patent". 
In subsection (2), for "the ofticiallanguage 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 ofthese 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). Chapter: 
Schedule: IP/N/1/HKG/P/2 
Page 21 
514B Titk': PATENTS (TRA.~SiTIONAL GazerteNumber: 
l(R.Rk~(jE!\1E}';'TS)·.RULES 
2 Heading: APPt.:¥CATtONOF THE Vcrskm Date: 30!06!l997 
ORDINk",CEFOR 
PURPOSES OF SECTION 6 
OF THESE RULES 
[sections 6 & 15] 
PART I 
MODIFICATION OF SECTIONS 23 TO 27 OF THE ORDINANCE 
AS APPLIED FOR PURPOSES OF SECTION 6(1) 
OF THESE RULES 
The application of sections 23 to 27 of the Ordinance for the purposes of section 6(1) of these rules 
has effect subject to the following modifications-
(a) in sections 23 and 24 of the Ordinance, for "the designated patent office" wherever it 
appears read "the United Kingdom Patent Office or the European Patent Office (as the case 
may be)"; 
(b) sections 23(3)( c) and 24(1)( d) of the Ordinance have no application; 
(c) for section 24(2) of the Ordinance read-
"(2) If the earliest filing with the Registrar of any part of a request for registration 
and grant occurred after the earlier of-
(a) the date occurring 12 months after the commencement date; and 
(b) the date occurring 5 years after the date of grant of the existing 1949 Act 
or 1977 Act patent (as the case may be), 
then the request shall not be dealt with as an application for a patent.". 
PARTII 
APPLICATION OF THE ORDINANCE FOR PURPOSES OF 
SECTION 6(4) OF THESE RULES WHERE THE 
PATENT OR PATENT APPLICATION IS 
BASED ON AN EXISTING 1949 
ACT PATENT 
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 application for a standard patent 
pursuant to section 6(1) of these rules where the existing patent is a 1949 Act patent and to every standard 
patent granted pursuant to any such application-
sections 2 to 7, 9, 11, 28 to 32, 36 to 38, 39(1), 47 to 54, 62, 63, 68 to 75, 80, 81, 85 to 87, 89,90, 
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 
section 3 Modification 
(a) In paragraphs (i) and (ii), for "request to record" read "request for registration and 
grant". 
(b) Paragraphs (iii) to (vi) have no application. IP/N/1/HKG/P/2 
Page 22 
section 4 
section 5 
section 6 For the definitions in subsection (1) read-
''''designated patent" means an existing 1949 Act patent; 
"designated patent application" 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" means the United Kingdom Patent 
Office.". 
(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 
specification of an application for a 1949 Act patent being published 
under the law of the United Kingdom Patent Office;". 
Subsection (5) has no application. 
3. Paragraphs 1 and 2 have effect-
(a) subject to sections 5, 11 and 13 ofthese 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 III 
APPLICATION OF THE ORDINANCE FOR PURPOSES OF 
SECTION 6(4) OF THESE RULES WHERE THE 
PATENT OR PATENT APPLICATION IS 
BASED ON AN EXISTING 1977 
ACT PATENT 
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 application for a standard patent 
pursuant to section 6( 1) of these rules where the existing patent is a 1977 Act patent and to every standard 
patent granted pursuant to any such application-
sections 2 to 7, 9, 11,28 to 32,36 to 41, 43, 44, 46 to 56, 62 to 87,89,90 to 107, 130 to 143 and 145 
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 
section 3 Modification 
(a) In paragraphs (i) and (ii), for "request to record" read "request for 
registration and grant". 
(b) Paragraph (iii) has no application. 
(c) In paragraph (iv), for "publication of a request to record" read "grant of a 
standard patent". section 4 For the definitions in subsection (1) read-
""designated patent" means an existing 1977 Act patent; 
"designated patent application" means-IP/N/1/HKG/P/2 
Page 23 
(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" means-
(a) the United Kingdom Patent Office; or 
(b) in relation to a European patent (UK) or an application for a 
European patent (UK), the European Patent Office.". 
section 91(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". 
section 94 In subsections (2)(a) and (3)(a), for "standard patent" read "corresponding 1977 
Act patent". 
section 103 In subsection (3)(a), for "application" read "application for a corresponding 1977 
Act patent". 
3. Paragraphs 1 and 2 have effect-
(a) subject to sections 6 and 13 of these rules; 
(b) without prejudice to sections 155 to 157 of the Ordinance (which apply, 111 certain 
circumstances, provisions of the Ordinance in relation to certain patents). IP/N/1/HKG/P/2 
Page 24 
Cn~ter: 
Schedule: Title: PA11::."'NTS (tRANSITIONAL OazelwNumber: 
ARRANGBMENTS) RULES 
APPUC;Al10NOF THE VefSi()fl Date: JO/06!1997 
ORDINANCE FOR 
PO.RPOSESOFSECTI0N1 
OF THESE RULES 
PART I 
MODIFICATION OF SECTIONS 15 TO 27 OF THE 
ORDINANCE AS APPLIED FOR PURPOSES 
OF SECTION 7(1) OF THESE RULES [sections 7 & 15] 
The application of sections 15 to 27 of the Ordinance for the purposes of section 7(1) of these Rules 
has effect subject to the following modifications-
(a) in sections 15 to 17,20 and 22 to 24 of the Ordinance, for "the designated patent office" 
wherever it appears read "the United Kingdom Patent Office or the European Patent Office 
(as the case may be)"; 
(b) sections 15(6) and 16(a) ofthe Ordinance have no application; 
(c) in section 15(2)(a) of the Ordinance, for "as published" read "as published by the United 
Kingdom Patent Office or the European Patent Office (as the case may be)"; 
(d) in section 22(1)(b) and (3)(a) of the Ordinance, for "corresponding designated patent 
application" wherever it appears read "corresponding published application for a 1977 Act 
patent"; 
(e) section 16 of the Ordinance has effect if, and only if, before the commencement date, the 
published application for a 1977 Act patent had been published in the United Kingdom 
Patent Office or the European Patent Office (as the case may be) following its valid entry 
into the national phase in that office; 
(t) in section 17(2) of the Ordinance, for "6 months after the publication of the corresponding 
designated patent application" read "18 months after the commencement date"; 
(g) in sections 23 and 24(1)(a) and (c) of the Ordinance, for "designated patent" wherever it 
appears read "1977 Act patent". 
PARTII 
APPLICATION OF THE ORDINANCE FOR PURPOSES 
OF SECTION 7(4) OF THESE RULES 
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 application for a standard patent 
pursuant to section 7(1) of these rules and to every standard patent granted pursuant to any such 
application-
sections 2 to 7,9 to 11,28 to 41,43 to 56, 62 to 107, 130 to 143 and 145 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 4 
section 91 
section 94 
section 103 For the definitions in subsection (1) read­
""designated patent" means a 1977 Act patent; 
"designated patent application" means-IPINIlIHKG/P/2 
Page 25 
(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" means-
(a) the United Kingdom Patent Office; or 
(b) in relation to a European patent (UK) or an application for a 
European patent (UK), the European Patent Office. ". 
(a) In subsection (l)(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 subsection 1 ( e), for" application for the patent" read" application for the 
corresponding 1977 Act patent". 
In subsections (2)(a) and (3)(a), for "standard patent" read "corresponding 1977 
Act patent". 
In subsection (3 )( a), for "application" read "application for a corresponding 1977 
Act patent". 
3. Paragraphs 1 and 2 have effect-
(a) subject to sections 7 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). IP/NI1 IHKG/P/2 
Page 26 
$1413 
Schedule: Titk; PATENTS;frRANSmQNAL Gazette Number: 
ARRA:i"~OEtv1ENTS)R.ULBS 
Beading: APPD1CATlQNQf mE Version Date: 30/06/1997 
ORD1NA.;~(:EFoa 
PURPOSES OF SECTION 8 
OF THESE RULES 
PART I 
MODIFICATION OF SECTIONS 23 TO 27 OF THE 
ORDINANCE AS APPLIED FOR PURPOSES 
OF SECTION 8(1) OF THESE RULES [sections 8 & 15] 
1. The application of sections 23 to 27 of the Ordinance for the purposes of section 8(1) of these rules has 
effect subject to the following modifications-
(a) in sections 23 and 24 of the Ordinance, for "the designated patent office" wherever it 
appears read "the United Kingdom Patent Office or the European Patent Office (as the case 
may be)"; 
(b) sections 23(3)(c) and 24(I)(d) and (2)(b) ofthe Ordinance have no application. 
PARTII 
APPLICATION OF THE ORDINANCE FOR PURPOSES 
OF SECTION 8(4) OF THESE RULES 
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 application for a standard patent 
pursuant to section 8(1) of these rules and to every standard patent granted pursuant to any such 
application-
sections 2 to 7, 9, 11,28 to 32,36 to 41, 43, 44, 46 to 56, 62 to 87, 89 to 107, 130 to 143 and 145 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 
section 3 Modification 
(a) In paragraphs (i) and (ii), for "request to record" read "request for registration 
and grant". 
(b) Paragraph (iii) has no application. 
(c) In paragraph (iv), for "publication of a request to record" read "grant of a 
standard patent". section 4 
section 91 
section 94 For the definitions in subsection (1) read­
""designated patent" means a 1977 Act patent; 
"designated patent application" means-IPINIlIHKG/P/2 
Page 27 
(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" means-
(a) the United Kingdom Patent Office; or 
(b) in relation to a European patent (UK) or an application for a 
European patent (UK), the European Patent Office.". 
(a) In subsection (l)(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 subsection (1)(e), for "application for the patent" read "application for the 
corresponding 19'17 Act patent" . 
In subsections (2)(a) and (3)(a), for "standard patent" read "corresponding 1977 
Act patent". 
section 103 In subsection (3)(a), for "application" read "application for a corresponding 1977 
Act patent". 
3. Paragraphs 1 and 2 have effect-
(a) subject to sections 8 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). IP/N/1/HKG/P/2 
Page 28 
Chapter:: 
5 Tide: PATENTS (T8ANSITlONAL Gazette Number: 
ARRANGEMENTS) .RULES 
He-ading: APPLICATION OfTIU: Version. Date: 3{)J0611997 
ORDINANCE FOR 
PURPOSES Of SECTION 9 
OF THESE RULES 
[sections 9 & 15] 
PART I 
MODIFICATION OF SECTIONS 23 TO 27 OF THE 
ORDINANCE AS APPLIED FOR PURPOSES OF 
SECTION 9(1) OF THESE RULES 
The application of sections 23 to 27 of the Ordinance for the purposes of section 9(1) of these Rules 
has effect subject to the following modifications-
(a) in sections 23 and 24 of the Ordinance, for "the designated patent office" wherever it 
appears read "the United Kingdom Patent Office"; 
(b) sections 23(3)(c) and 24(l)(d) of the Ordinance have no application; 
(c) for section 24(2) of the Ordinance read-
"(2) If the earliest filing with the Registrar of any part of a request for registration and 
grant occurred-
(a) more than 6 months after the date of grant of the 1949 Act patent; or 
(b) more than 20 years after the date of filing the completed specification under 
the 1949 Act, 
then the request shall not be dealt with as an application for a patent.". 
PART II 
APPLICATION OF THE ORDINANCE FOR PURPOSES 
OF SECTION 9(4) OF THESE RULES 
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 application for a standard patent 
pursuant to section 9(1) of these rules and to every standard patent granted pursuant to any such 
application-
sections 2 to 7, 9, 11,28 to 32, 36 to 38, 39(1), 47 to 54, 62, 63, 68 to 75, 80, 81, 85 to 87, 89, 90, 
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 ofthe Ordinance specified in column 
1 shall have effect subject to the modifications specified opposite those provisions in column 2-
Provision of 
the Ordinance 
section 3 Modification 
(a) In paragraphs (i) and (ii), for "request to record" read "request for registration 
and grant", 
(b) Paragraphs (iii), (iv) and (vi) have no application. section 4 
section 5 
section 6 For the definitions in subsection (1) read­
""designated patent" means a 1949 Act patent; 
"designated patent application" means an application in the IP/NIlIHKG/P/2 
Page 29 
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" means the United Kingdom Patent 
Office.". 
(a) Subsection (l)(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;". 
Subsection (5) has no application. 
3. Paragraphs 1 and 2 have effect-
(a) subject to sections 9, 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).