Hong Kong Ordinances

PATENTS ORDINANCE - SECT 51

Register of patents

(Past version on 30/06/1997).

(1) The Registrar shall keep a register to be known as the register of
patents, which shall comply with rules made for the purposes of this section
and shall be kept in accordance with such rules.

(2) Without prejudice to any other provision of this Ordinance-

   (a)  rules shall be made providing for the registration of-

        (i)    patents and of published applications for standard patents; and

        (ii)   transactions, instruments or events affecting rights in or
               under patents and published applications for standard patents;

   (b)  rules made for the purposes of this section may provide, in connection
        with rules made for the purposes of paragraph (a), for-

        (i)    the furnishing to the Registrar of any prescribed documents or
               description of documents in connection with any matter which is
               required to be registered;

        (ii)   the correction of errors in the register and in any documents
               filed with the Registrar in connection with registration; and

        (iii)  the publication and advertisement of anything done under this
               Ordinance in relation to the register; and

   (c)  rules made for the purposes of this section may provide for
        notification to the Registrar of any matter affecting the property in
        an application for a patent.

(3) Notwithstanding subsection (2)(a)(ii), no notice of any trust, whether
express, implied or constructive, shall be entered in the register and the
Registrar shall not be affected by any such notice.

(4) The register need not be kept in documentary form.

(5) Subject to any rules, the public shall have a right to inspect the
register at the registry at all convenient times.

(6) Any person who applies for a certified copy of an entry in the register or
a certified extract from the register shall be entitled to obtain such a copy
or extract on payment of a fee prescribed in relation to certified copies and
extracts; and rules may provide that any person who applies for an uncertified
copy or extract shall be entitled to such a copy or extract on payment of a
fee prescribed in relation to uncertified copies and extracts.

(7) Applications under subsection (6) or rules made by virtue of that
subsection shall be made in such manner as may be prescribed.

(8) In relation to any portion of the register kept otherwise than in
documentary form-

   (a)  the right of inspection conferred by subsection (5) is a right to
        inspect the material on the register; and

   (b)  the right to a copy or extract conferred by subsection (6) or rules is
        a right to a copy or extract in a form in which it can be taken away
        and in which it is visible and legible.

(9) Subject to subsection (12), the register shall be prima facie evidence of
anything required or authorized by this Ordinance to be registered.

(10) A certificate purporting to be signed by the Registrar and certifying
that any entry which he is authorized by this Ordinance to make has or has not
been made, or that any other thing which he is so authorized to do has or has
not been done, shall be prima facie evidence of the matters so certified.

(11) Each of the following, that is to say-

   (a)  a copy of an entry in the register or an extract from the register
        which is supplied under subsection (6);

   (b)  a copy of any document kept at the registry or an extract from any
        such document, any specification of a patent or any application for a 
        standard patent which has been published, which purports to be a
        certified copy or a certified extract shall, subject to subsection
        (12), be admitted in evidence without further proof and without
        production of any original.

(12) This section is without prejudice to section 22A or 22B or Part IV of the
Evidence Ordinance ( Cap 8) or any provision made by virtue of that section or
Part. (Replaced 2 of 1999 s. 6)

(13) In this section "certified copy" (核證副本) and "certified extract"
(核證摘錄) mean a copy and extract certified by the Registrar and sealed
with the seal of the Registrar. [cf. 1977 c. 37 s. 32 U.K.]

"certified copy" (核證副本) and "certified extract" (核證摘錄)