Hong Kong Ordinances

PATENTS ORDINANCE - SECT 46

General power to amend specification after grant

(Past version on 30/06/1997).

(1) Subject to section 103, the proprietor of a patent granted under this
Ordinance may apply to the court to amend the specification of the patent and
the court may by order allow any such amendment subject to such conditions as
it thinks fit.

(2) No such amendment shall be allowed if there are pending before the court
proceedings in which the validity of the patent may be put in issue.

(3) An amendment of a specification of a patent under this section shall have
effect and be deemed always to have had effect as from the grant of the
patent.

(4) Any person wishing to oppose an application under this section may, in
accordance with rules of court, give to the court notice of opposition; and
the court shall consider the opposition in deciding whether to grant the
application.

(5) Upon receipt of the court order and supporting documents filed in the
prescribed manner the Registrar shall record the amendments to the
specification of the patent and shall publish this and advertise the fact by
notice in the official journal. (Amended 2 of 2001 s. 14)

(6) The Registrar may, without any application being made to the court or to
him for the purpose, amend the specification of a patent so as to acknowledge
a registered trade mark.

(7) Rules of court may provide for the notification of any application under
this section to the Registrar and for his appearance on the application and
for giving effect to any order of the court on the application. [cf. 1977 c.
37 s. 27 U.K.]