Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 514
TABLE OF PROVISIONS
Long Title
1. Short title
2. Interpretation
3. Meaning of "application for a standard patent"
4. Meaning of "designated patent", etc.
5. Meaning of "published"
6. Other references
7. Provisions regarding filing of documents, etc.
8. Designation of patent offices
9. Special provision regarding invention covered by 2 or more patents
10. General provision regarding applications for standard patents
11. Formality examination of applications for standard patent
12. Who may apply
13. Determination before grant of questions as to who may apply
14. Effect of transfer of application under section 13
15. Filing of request to record
16. Designated patent application based on international application
17. Date of filing of request to record
18. Examination on filing of request to record
19. Examination as to formal requirements of request to record
20. Publication of request to record
21. Registrar may publish additional matters
22. Provision for request to record in the event of a divisional
designated patent application
23. Filing of request for registration and grant
24. Date of filing request for registration and grant
25. Examination on filing of request for registration and grant
26. Examination as to formal requirements of the request for registration
and grant
27. Registration of designated patent and grant of patent
28. Further processing of application for standard patent
29. Restoration of rights
30. Effect of restoration of rights under section 29
31. Amendment of application for standard patent
32. Withdrawal of application
33. Maintaining application for standard patent
34. Restoring application for standard patent
35. Effect of restoration order under section 34
36. Limitation on withdrawal, amendment, etc. of application
37. Registrar may refuse to record under section 20 or to register and
grant under section 27
38. Deemed date of filing where standard patent has been granted
39. Term of standard patent
40. Restoration of lapsed standard patents
41. Effect of order for restoration of standard patent
42. Determination after grant of questions referred before grant
43. Amendment of standard patent following opposition or revocation
proceedings in the designated patent office
44. Revocation of standard patent following opposition or revocation
proceedings in the designated patent office
45. Mention of inventor
46. General power to amend specification after grant
47. Patent not to be impugned for lack of unity
48. Surrender of patents
49. Registrar's power to revoke patent on grounds of "ordre public" or
morality
50. Nature of, and transactions in, patents and applications for patents
51. Register of patents
52. Effect of registration procedures on rights in patents
53. Rectification of register
54. Co-ownership of patents and applications for patents
55. Determination of right to patent after grant
56. Effect of transfer of patent under section 55
57. Right to employees' inventions
58. Compensation of employees for certain inventions
59. Amount of compensation
60. Enforceability of contracts relating to employees' inventions
61. Supplementary
62. Avoidance of certain restrictive conditions
63. Determination of parts of certain contracts
64. Compulsory licences for standard patents
65. Provisions about licences under section 64
66. Exercise of powers on applications under section 64
67. Opposition to application under sections 64 to 66
68. Declaration of extreme urgency
69. Government use of patents during a period of extreme urgency
70. Rights of third parties in respect of Government use
71. Compensation for loss of profit
72. References of disputes as to Government use
72A. Interpretation of Part IXA
72B. Declaration of extreme urgency for public health problem
72C. Grant of import compulsory licences for patented pharmaceutical
products
72D. Terms, conditions and nature of import compulsory licences
72E. Payment of remuneration to proprietors of patents
72F. Notification of grant of import compulsory licences and remuneration
agreed, etc.
72G. Termination of import compulsory licences
72H. Disposal of patented pharmaceutical products after period of extreme
urgency etc.
72I. No infringement of patents by persons to whom patented pharmaceutical
products are disposed of in accordance with import compulsory
licences
72J. References of disputes as to import compulsory licences
72K. Interpretation of Part IXB
72L. Application for export compulsory licences for patented pharmaceutical
products
72M. Grant of export compulsory licences for patented pharmaceutical
products
72N. Terms, conditions and nature of export compulsory licences
72O. Notification of grant of export compulsory licences
72P. Determination of remuneration payable to proprietors of patents
72Q. Termination of export compulsory licences
72R. References of disputes as to export compulsory licences
72S. Signature of documents by partnerships, companies and associations
73. Prevention of direct use of invention
74. Prevention of indirect use of invention
75. Limitation of effect of patent
76. Extent of invention
77. Disclosure of invention
78. The claims
79. The abstract
80. Proceedings for infringement of patent
81. Restrictions on recovery of damages for infringement
82. Relief for infringement of partially valid patent
83. Right to continue use begun before priority date
84. Certificate of contested validity of patent
85. Proceedings for infringement by a co-owner
86. Proceedings for infringement by exclusive licensee
87. Effect of non-registration on infringement proceedings
88. Infringement of rights conferred by publication of application for
standard patent
89. Remedy for groundless threats of infringement proceedings
90. Declaration as to non-infringement
91. Power to revoke patents on application
92. Application for revocation
93. Patentable inventions
94. Novelty
95. Non-prejudicial disclosure in case of standard patent application
96. Inventive step
97. Industrial application
98. Priority right
99. Effect of priority right
100. Right to a patent to belong to inventor
101. Proceedings in which validity of patent may be put in issue
102. Amendment of patent in infringement or revocation proceedings
103. Amendments of applications and patents not to include added matter
104. Language of proceedings before Registrar
105. Authentic text
106. Authentic text of standard patent and standard patent application
107. Amendment to patent or patent application to be in authentic text
108. Right to apply for a short-term patent
109. Non-prejudicial disclosure
110. Priority right
111. Claiming priority
112. Effect of priority right
113. Requirements of short-term patent application
114. Examination on filing
115. Examination as to formal requirements
116. Divisional short-term patent application
117. Formality examination only
118. Grant of short-term patent and publication
119. Deferral of grant of patent at applicant's request
120. Amendment of application for short-term patent before grant
121. Withdrawal of application
122. Limitation on withdrawal, amendment, etc. of application
123. Further processing of, and restoration of rights in respect of,
short-term patent applications
124. Registrar may refuse to grant short-term patent
125. Short-term patent application based on international application
126. Term of short-term patent
127. Restoration of lapsed short-term patents
128. Disclosure of invention by specification; availability of samples of
micro-organisms
129. Court proceedings in relation to short-term patents
130. Appeal from Registrar
131. Registrar's appearance in proceedings involving register
132. General powers of the court
133. Procedure in case of option to apply to court or Registrar
134. Burden of proof in certain cases
135. Exercise of Registrar's discretionary powers
136. Costs and expenses in proceedings before court
137. Costs and expenses in proceedings before Registrar
138. Licences granted by order of the court or Registrar or by Director
of Health*
139. Immunity of Registrar as regards official acts
139A. Protection of Government and public officers
140. Recognition of agents
141. Falsification of register, etc.
142. Unauthorized claim of patent rights
143. Unauthorized claim that patent has been applied for
144. Misuse of title "Patents Registry"
145. Offences by corporations or partners
146. Correction of errors in patents and applications
147. Information about patent applications and patents, and inspection of
documents
148. Hours of business and excluded days
149. Rules
150. Registrar may specify forms to be used
150A. Power to specify official journal, etc.
151. Application*
152. Forfeited articles
153. Amendment of Schedule 1
154. Repeal
155. Validity of instruments made or things done under the repealed
Ordinance
156. Use of patented inventions for service of the Crown
157. Infringement
158. Rules providing for transitional arrangements
159. Interpretation (Part XIX)
160. (Omitted as spent)
161. (Omitted as spent)
162. (Omitted as spent)
163. (Omitted as spent)
SCHEDULE 1
SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]