Hong Kong Ordinances

PATENTS ORDINANCE - SECT 48

Surrender of patents

(Past version on 30/06/1997).

(1) The proprietor of a patent may at any time by written notice given to the
Registrar offer to surrender his patent.

(2) Any person may give notice to the Registrar of his opposition to the
surrender of a patent under this section, and if he does so the Registrar
shall notify the proprietor of the patent and, subject to subsection (4),
shall determine the question.

(3) If the Registrar is satisfied that the patent may properly be surrendered
he may accept the offer and, as from the date on which notice of his
acceptance is advertised in the official journal, the patent shall cease to
have effect, but no action for infringement shall lie in respect of any act
done before that date and no right to compensation shall accrue for any
Government use of the patented invention before that date. (Amended 2 of 2001
s. 14)

(4) The Registrar may if he thinks fit refer the matter to the court for
determination. [cf. 1977 c. 37 s. 29 U.K.]