Hong Kong Ordinances

PATENTS ORDINANCE - SECT 14

Effect of transfer of application under section 13

(1) Where an order is made or directions are given under section 13 that an
application for a standard patent shall proceed in the name of one or some of
the original applicants (whether or not it is also to proceed in the name of
some other person), any licences or other rights in or under the application
shall, subject to the order and any directions under that section, continue in
force and be treated as granted by the persons in whose name the application
is to proceed.

(2) Where an order is made or directions are given under section 13 that an
application for a patent shall proceed in the name of one or more persons none
of whom was an original applicant (on the ground that the original applicant
or applicants was or were not entitled to apply under section 12 for the grant
of the patent), any licences or other rights in or under the
application for a standard patent shall, subject to the order and any
directions under that section and subject to subsection (3), lapse on the
registration of that person or those persons as the applicant or applicants
or, where the application for a standard patent has not been published, on the
making of the order.

(3) If before a reference to the Registrar or the court under section 13
resulting in the making of any order mentioned in subsection

(2)-

   (a)  the original applicant or any of the applicants, acting in good faith,
        worked the invention in question in Hong Kong or made effective and
        serious preparations to do so; or

   (b)  a licensee of the applicant, acting in good faith, worked the
        invention in Hong Kong or made effective and serious preparations to
        do so, that or those original applicant or applicants or the licensee
        shall, on making a request within the prescribed period to the person
        in whose name the application is to proceed, be entitled to be granted
        a licence (but not an exclusive licence) to continue working or, as
        the case may be, to work the invention.

(4) Any such licence shall be granted for a reasonable period and on
reasonable terms.

(5) Where an order is made as mentioned in subsection (2), the person in whose
name the application is to proceed or any person claiming that he is entitled
to be granted any such licence may refer to the Registrar or the court the
question whether the latter is so entitled and whether any such period is or
terms are reasonable, and the Registrar or the court, as appropriate, shall
determine the question and may, if he or it considers it appropriate, order
the grant of such a licence.

(6) The Registrar or the court may make such order as he or it thinks fit to
give effect to a determination under subsection (5). [cf. 1977 c. 37 s. 11
U.K.]