Hong Kong Ordinances

PATENTS ORDINANCE - SECT 52

Effect of registration procedures on rights in patents

(1) Any person who claims to have acquired the property in a patent or
application for a patent by virtue of any transaction, instrument or event to
which this section applies shall be entitled as against any other person who
claims to have acquired that property by virtue of an earlier transaction,
instrument or event to which this section applies if, at the time of the later
transaction, instrument or event-

   (a)  either-

        (i)    application has not been made for registration of the earlier
               transaction, instrument or event; or

        (ii)   in the case of any application for a standard patent which has
               not been published or any application for a short-term patent,
               notice of the earlier transaction, instrument or event has not
               been given to the Registrar in accordance with rules (if any)
               made for the purposes of section 51(2)(c); and

   (b)  the person claiming under the later transaction, instrument or event
        did not know of the earlier transaction, instrument or event.

(2) Subsection (1) shall apply equally to the case where any person claims to
have acquired any right in or under a patent or application for  a patent by
virtue of a transaction, instrument or event to which this section applies,
and that right is incompatible with any such right acquired by virtue of an
earlier transaction, instrument or event to which this section applies.

(3) This section applies to the following transactions, instruments and
events-

   (a)  the assignment of a patent or application for a patent, or a right in
        it;

   (b)  the mortgage of a patent or application or the granting of security
        over it;

   (c)  the grant or assignment of a licence or sub-licence or mortgage of a
        licence or sub-licence under a patent or application;

   (d)  the death of the proprietor or one of the proprietors of any such
        patent or application or any person having a right in or under a
        patent or application and the vesting by an assent of personal
        representatives of a patent, application or any such right; and

   (e)  any order or directions of a court or other competent authority
        transferring a patent or application or any right in or under it to
        any person and the event by virtue of which the court or authority had
        power to make any such order or give any such directions. [cf. 1977 c.
        37 s. 33 U.K.]