Hong Kong Ordinances

PATENTS ORDINANCE - SECT 2

Interpretation

(Past version on 07/05/2004).
(Past version on 01/06/2002).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"application for a patent" (專利的申請) means an
application for a standard  patent or an application for a short-term patent;

"court" (法院) means the Court of First Instance; (Amended 25 of 1998 s. 2)

"date of filing" (提交日期)-

   (a)  in relation to a request to record or a request for 
        registration and grant, means the date which is the date of filing
        that request by virtue of section 17 or 24 respectively;

   (b)  in relation to an application for a standard patent has the meaning
        specified in relation to that term in section 3(ii);

   (c)  in relation to a designated patent application, means the date
        specified as such in the designated patent application;

"Doha Declaration" (《多哈宣言》) means the Declaration on the
TRIPS Agreement and Public Health adopted on 14 November 2001 by the Fourth
WTO Ministerial Conference at Doha, Qatar; (Added 21 of 2007 s. 3)

"eligible importing member" (合資格進口成員地) means-

   (a)  a WTO member country, territory or area recognized by the United
        Nations as being a least-developed country; or

   (b)  any other WTO member country, territory or area that has given notice
        in writing to the TRIPS Council that it intends to import
        pharmaceutical products in accordance with the
        General Council Decision or the Protocol; (Added 21 of 2007 s. 3)

"employee" (僱員) means a person who works or (where the employment has
ceased) worked under a contract of employment (whether with the Government or
with any other person);

"employer" (僱主), in relation to an employee, means the person by whom the
employee is or was employed;

"exclusive licence" (專用特許) means a licence from the proprietor of or
applicant for a patent conferring on the licensee, or on him and persons
authorized by him, to the exclusion of all other persons (including the
proprietor or applicant), any right in respect of the invention to which
the patent or application for a patent relates, and "exclusive licensee"
(專用特許持有人) and "non-exclusive licence" (非專用特許) shall be
construed accordingly;

"exporting member" (出口成員地) means a WTO member country, territory or
area that makes a patented pharmaceutical product for export to an eligible 
importing member in accordance with the General Council Decision or the
Protocol; (Added 21 of 2007 s. 3)

"General Council Decision" (《總理事會決定》) means the Decision
adopted by the General Council of the WTO on 30 August 2003 on the
Implementation of Paragraph 6 of the Doha Declaration; (Added 21 of 2007 s. 3)

"international application" (國際申請) means an international application
for a patent made under the Patent Cooperation Treaty;

"International Bureau" (國際局) means the International Bureau of
Intellectual Property provided for under the Convention Establishing the World
Intellectual Property Organization signed at Stockholm on 14 July 1967;

"law of the designated patent office" (指定專利當局的法律) means-

   (a)  in relation to a designated patent office established under the law of
        any country, territory or area other than Hong Kong, the law of that
        country, territory or area;

   (b)  in relation to a designated patent office established under an
        international agreement, the provisions of the international
        agreement;

"mortgage" (按揭) when used as a noun, includes a charge for securing money
or money's worth and, when used as a verb, shall be construed accordingly;

"non-prejudicial disclosure" (不具損害性的披露) means, in relation to
an invention, a disclosure of the invention which is not to be taken into
consideration for the purposes of determining whether or not the invention
forms part of the state of the art;

"official journal" (官方公報) means the publication for the time being
specified under section 150A as the official journal of record; (Added 2 of
2001 s. 2)

"opposition or revocation proceedings" (反對或撤銷專利的法律程序)
means, in relation to a designated patent, proceedings under the
law of the designated patent  office providing for the revocation or amendment
of the designated patent within a specified period after the grant;

"Paris Convention" (《巴黎公約》) means the Convention for the
Protection of Industrial Property signed at Paris on 20 March 1883, as revised
or amended from time to time; (Amended 2 of 2001 s. 2)

"Paris Convention country" (巴黎公約國) means-

   (a)  any country for the time being specified in Schedule 1 as being a
        country which has acceded to the Paris Convention;

   (b)  any territory or area subject to the authority or under the suzerainty
        of any country specified in Schedule 1 pursuant to paragraph

   (a)  , or any territory or area administered by any such country, on behalf
        of which such country has acceded to the Paris Convention;

"patent application" (專利申請) has the same meaning as an
application for a  patent;

"Patent Cooperation Treaty" (《專利合作條約》) means the treaty of
that name done at Washington on 19 June 1970, as revised or amended from time
to time; (Amended 2 of 2001 s. 2)

"patented invention" (專利發明) means an invention for which a
standard patent
or, as the case may be, a short-term patent is granted and "patented process"
(專利方法) shall be construed accordingly;

"patented pharmaceutical product" (專利藥劑製品) means-

   (a)  a pharmaceutical product which is an invention for which a
        standard patent or a short-term patent (as the case may be) has been
        granted;

   (b)  in relation to a process for which a standard patent or a
        short-term patent (as the case may be) has been granted, a
        pharmaceutical  product obtained directly by means of the process or
        to which the process has been applied; (Added 21 of 2007 s. 3)

"patented product" (專利產品) means-

   (a)  a product which is an invention for which a standard patent or a
        short-term patent (as the case may be) has been granted;

   (b)  in relation to a process for which a standard patent or a
        short-term patent (as the case may be) has been granted, a product
        obtained directly by means of the process or to which the process has
        been applied;

"pharmaceutical product" (藥劑製品) means-

   (a)  a pharmaceutical product within the meaning of section 2(1) of the
        Pharmacy and Poisons Ordinance ( Cap 138);

   (b)  an active ingredient that is needed for making of a
        pharmaceutical product mentioned in paragraph (a); or

   (c)  a diagnostic kit that is needed for the use of a pharmaceutical 
        product mentioned in paragraph (a); (Added 21 of 2007 s. 3)

"prescribed" (訂明) means prescribed or provided for by rules made under
section 149; "protected layout-design (topography)"
(受保護的布圖設計(拓撲圖)) has the meaning assigned to that term by
section 2(1) of the Layout-design (Topography) of 
Integrated Circuits Ordinance ( Cap 445);

"Protocol" (《日內瓦議定書》) means the Protocol Amending the
TRIPS Agreement adopted by the General Council of the WTO at Geneva on 6
December 2005, the Annex to the Protocol Amending the TRIPS Agreement, the
Annex to the TRIPS Agreement and the Appendix to the Annex to the
TRIPS Agreement; (Added 21 of 2007 s. 3)

"register" (註冊紀錄冊、註冊)-

   (a)  as a noun, means the register of patents kept under section 51; and

   (b)  as a verb, means, in relation to any thing, to register or register
        particulars, or enter notice of that thing in the register and, in
        relation to a person, means to enter his name in the register, and
        cognate expressions shall be construed accordingly;

"Registrar" (處長) means the Registrar of Patents;

"Registrar of Patents" (專利註冊處處長) means the person holding that
office by virtue of the
Director of Intellectual Property (Establishment) Ordinance ( Cap 412);

"registry" (註冊處) means the Patents Registry administered by the
Registrar;

"relevant instrument or legislation" (有關文書或法例) means-

   (a)  the General Council Decision;

   (b)  the Protocol; or

   (c)  legislation made by the exporting member or the eligible 
        importing member, as the case may be, pursuant to or for the purpose
        of implementing-

        (i)    the General Council Decision; or

        (ii)   the Protocol; (Added 21 of 2007 s. 3)

"request for registration and grant" (註冊與批予請求) means a request
under section 23 for the registration of a designated patent and the grant of
a standard patent for the invention shown in the published specification of
the designated patent;

"request to record" (記錄請求) means a request under section 15 to record
a designated patent application;

"right" (權利), in relation to any patent or patent application, includes an
interest in the patent or application and, without prejudice to the foregoing,
any reference to a right in a patent includes a reference to a share in the
patent;

"rules" (規則) means rules made by the Registrar under section 149;

"short-term patent" (短期專利) means a patent for an invention granted
under Part XV;

"short-term patent application" (短期專利申請) means an application
under Part XV for a short-term patent;

"specification"' (說明書), in relation to an application for a patent under
this Ordinance, a designated patent application or an international 
application, means the description, claims and drawings contained in the
application;

"standard patent" (標準專利) means a patent for an invention granted under
Part II;

"standard patent application" (標準專利申請) means an application under
Part II for a standard patent;

"TRIPS Agreement" (《知識產權協議》) means the Agreement on
Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the
World Trade  Organisation Agreement; (Added 21 of 2007 s. 3)

"TRIPS Council" (知識產權理事會) means the Council for Trade-Related
Aspects of Intellectual Property Rights referred to in Article 68 of the
TRIPS  Agreement; (Added 21 of 2007 s. 3)

"verified copy" (核實副本) means, in relation to a document, a copy
verified in the prescribed manner;

"World Trade Organisation Agreement" (《世界貿易組織協議》) means
the agreement of that name done at Marrakesh in 1994, as revised or amended
from time to time; (Amended 2 of 2001 s. 2) "WTO" (世界貿易組織) means
the World Trade Organisation established in Geneva on 1 January 1995 under the
World Trade Organisation Agreement; (Added 21 of 2007 s. 3) "WTO member
country, territory or area" (世界貿易組織成員國、地區或地方)
means any country, territory or area for the time being specified in Schedule
1 as being a country, territory or area which has acceded to the World Trade 
Organisation Agreement.

(2) The expressions listed in the left-hand column below are defined in, or
fall to be construed in accordance with, the provisions of this Ordinance
listed in the right-hand column in relation to those expressions.

Expression Relevant Provision Application for a standard patent
(標準專利的申請) section 3 Corresponding designated patent
(相應指定專利) section 4 Corresponding designated patent application
(相應指定專利申請) section 4 Deemed date of filing
(當作提交日期) section 38 Designated patent (指定專利) section 4
Designated patent application (指定專利申請) section 4 Divisional
designated patent application (指定專利的分開申請) section 22(1)
Government use (政府徵用) section 69(2) Paris Convention country
(巴黎公約國) section 98(6) Patent (專利) section 6(1) Published
(發表) section 5 Work (實施) section 6(4)

"application for a patent" (專利的申請)

"court" (法院)

"date of filing" (提交日期)

"Doha Declaration" (《多哈宣言》)

"eligible importing member" (合資格進口成員地)

"employee" (僱員)

"employer" (僱主)

"exclusive licence" (專用特許)

"exclusive licensee" (專用特許持有人) and "non-exclusive licence"
(非專用特許)

"exporting member" (出口成員地)

"General Council Decision" (《總理事會決定》)

"international application" (國際申請)

"International Bureau" (國際局)

"law of the designated patent office" (指定專利當局的法律)

"mortgage" (按揭)

"non-prejudicial disclosure" (不具損害性的披露)

"official journal" (官方公報)

"opposition or revocation proceedings" (反對或撤銷專利的法律程序)

"Paris Convention" (《巴黎公約》)

"Paris Convention country" (巴黎公約國)

"patent application" (專利申請)

"Patent Cooperation Treaty" (《專利合作條約》)

"patented invention" (專利發明)

"patented process" (專利方法)

"patented pharmaceutical product" (專利藥劑製品)

"patented product" (專利產品)

"pharmaceutical product" (藥劑製品)

"prescribed" (訂明) "protected layout-design (topography)"
(受保護的布圖設計(拓撲圖))

"Protocol" (《日內瓦議定書》)

"register" (註冊紀錄冊、註冊)

"Registrar" (處長)

"Registrar of Patents" (專利註冊處處長)

"registry" (註冊處)

"relevant instrument or legislation" (有關文書或法例)

"request for registration and grant" (註冊與批予請求)

"request to record" (記錄請求)

"right" (權利)

"rules" (規則)

"short-term patent" (短期專利)

"short-term patent application" (短期專利申請)

"specification"' (說明書)

"standard patent" (標準專利)

"standard patent application" (標準專利申請)

"TRIPS Agreement" (《知識產權協議》)

"TRIPS Council" (知識產權理事會)

"verified copy" (核實副本)

"World Trade Organisation Agreement" (《世界貿易組織協議》) "WTO"
(世界貿易組織) "WTO member country, territory or area"
(世界貿易組織成員國、地區或地方)