Hong Kong Ordinances

PATENTS ORDINANCE - SECT 13

Determination before grant of questions as to who may apply

(1) At any time before a standard patent has been granted for an invention
(whether or not an application has been made for a standard  patent for the
invention)-

   (a)  any person may refer to the Registrar or the court the question of
        whether he is entitled under section 12 (alone or with other persons)
        to apply for the grant of a standard patent for the invention; or

   (b)  any of 2 or more joint proprietors of an application for a  patent for
        that invention may so refer the question whether any right in or under
        the application should be transferred or granted to any other person.

(2) The Registrar or the court may make such order as he or it thinks fit to
give effect to a determination under this section.

(3) Where a question is referred to the Registrar or the court under this
section after an application for a standard patent has been filed but before a
standard patent is granted in pursuance of the application then the Registrar
or the court may, unless the application is withdrawn before the reference is
disposed of by the Registrar or the court-

   (a)  order that the application for a standard patent shall proceed in the
        name of that person, either solely or jointly with that of any other
        applicant, instead of in the name of the applicant or any specified
        applicant;

   (b)  where the reference was made by 2 or more persons, order that the
        application shall proceed in all their names jointly; or

   (c)  make an order transferring or granting any licence or other right in
        or under the application and give directions to any person for
        carrying out the provisions of any such order.

(4) Where a person refers a question under subsection (1)(b) relating to an
application, any order under subsection (2) may contain directions to any
person for transferring or granting any right in or under the application.

(5) If any person to whom directions have been given under subsection (3)(c)
or (4) fails to do anything necessary for carrying out any such directions
within 14 days after the date of the directions, the Registrar or the court
may on application made to him or it by any person in whose favour or on whose
reference the directions were given authorize him to do that thing on behalf
of the person to whom the directions were given.

(6) No order shall be made under subsection (3) unless notice of such
reference is given in the prescribed manner to-

   (a)  the applicant for the standard patent (not being a party to the
        reference); or

   (b)  any other person (not being a party to the reference) who it is
        alleged in the reference has the right, by virtue of any transaction,
        instrument or event relating to the invention or the application, to
        apply for the grant of the standard patent whether alone or with any
        other person, and any person receiving such notice may oppose the
        reference.

(7) No directions shall be given under this section so as to affect the mutual
rights or obligations of trustees or of the personal representatives of
deceased persons, or their rights or obligations as such. [cf. 1977 c. 37 s. 8
U.K.]