Hong Kong Ordinances

PATENTS ORDINANCE - SECT 74

Prevention of indirect use of invention

(1) A patent while it is in force shall also confer on its proprietor the
right to prevent all third parties not having his consent from supplying or
offering to supply in Hong Kong a person, other than a party entitled to work
the patented invention, with means, relating to an essential element of that
invention, for putting it into effect, when the third party knows, or it is
obvious in the circumstances to a reasonable person, that the said means are
suitable and intended for putting that invention into effect in Hong Kong.

(2) Subsection (1) shall not apply when the means referred to therein are
staple commercial products, unless the supply or offering is made for the
purpose of inducing the person supplied or, as the case may be, to whom the
offer is made to commit acts which the proprietor of a patent is enabled to
prevent by virtue of section 73.

(3) Persons performing acts referred to in section 75(a), (b) or

   (c)  shall not be considered to be parties entitled to work an invention
        pursuant to subsection (1).

(4) For the purposes of subsection (1)-

   (a)  reference in that subsection to a person entitled to work an invention
        includes a reference to a person so entitled by virtue of section 69;
        and

   (b)  a person who by virtue of section 30, 35, 39(4), 41(4) or (5), 83,
        106(4) or 126(5) (including, in the case of section 41, that section
        as applied by section 127) is entitled to do an act in relation to the
        invention without it constituting an infringement of a patent for the
        invention shall, so far as concerns that act, be treated as a person
        entitled to work the invention. [cf. 1992 No. 1 s. 41 Eire]