Hong Kong Ordinances

PATENTS ORDINANCE - SECT 49

Registrar's power to revoke patent on grounds of "ordre public" or morality

(1) Any person may at any time after a patent has been granted for an
invention under this Ordinance refer to the Registrar the question of whether,
having regard to any of the matters specified in section 93(5), the invention
is a patentable invention.

(2) Where a question is so referred-

   (a)  subject to paragraph (b), the Registrar shall determine the question;

   (b)  the Registrar may if he thinks fit refer the question to be determined
        by the court and, without prejudice to the court's jurisdiction apart
        from this paragraph to determine any such question, the court shall
        have jurisdiction to do so.

(3) If the Registrar or the court determines that the invention is not a
patentable invention by reason of any of the matters specified in
section 93(5) he or it shall order that the patent shall be revoked and upon
the making of such an order the patent shall be treated as never having had
effect.

(4) Any person may oppose a reference under subsection (2).