PATENTS ORDINANCE, 1892

PATENTS ORDINANCE, 1892

No. 2 of 1892.
An ordinance to consolidate and amend the law relating
to the grant in this Colony of letters patent for
inventions.
[1st, April, 1802.]

1. This Ordinance, may be cited as the patents ordinance,
1892.
2.-(1) It shall be lawful for the inventor, or for the
owner by assignment, transmission, or other operation of
law, of any invention or of the exclusive right thereto in

As amended by Law Rev. Ord., 1923.
As amended by Law Rev. Ord., 1923.

As amended by Law Rev. Ord., 1923. and Law Am., Ord., 1923
As amended by No. 21 of 1922
.




this Colony to petition the Governor in Council for letters
patent. for any invention for which letters patent have already
beem granted in the United Kingdom and such petition may
be in Form No.1 in the First Schedule

(2) Every such petition shall be accompanied by the
original letters patent granted for the said invention in the
United Kingdom or by a certified copy of the same and also
by a certified copy of the complete specification filed on the
petition for letters patent for the said invention in the United
Kingdom.

(3) Every such petition shall be further accompanied by
a declaration which may be in Form No. 2 in the first
Schedule or in such other form not being less specific, as to
the Governor may appear proper.

Every such declaration shall be made before some person
duly authorised to administer an oath in the country where
it is made.

(4) Where an applicant other than the patentee to whom
letters patent have been granted in the United Kingdom
claims to be entitled by virtue of licence, assignment, trans-
mission, or other operation of law to be entered on the
register of patents as proprietor in this Colony of such letters
patent, he shall furnish such particulars as the Governor
may require of the licence, assignment, transmission, or other
operation of law in virtue of which his claim is made.

3. Such petition, specification, and declaration shall be
sent to the office of the Colonial Secretary, and notice thereof
and of any intention to apply for such letters patent, and of
the time of the sitting of the Executive Council before which
such other particulars as the Governor may require, shall be
inserted twice in the gazette, and shall be otherwise
advertised as the governor may direct.

4. (1) every petition for a grant of letters patent shall
be considered by the governor in council who may refuse
the prayer of the said petition or may grant it absolutely or
subject to such conditions, amendments, and modifications as
he may think fit: Provided always that no grant of letters
patent shall be made in this Colony for a period exceeding
the period of the duration of the letters patent in the United
Kingdom.





(2) letters patent granted under the provisions of this
Ordinance shall be, in such form as may be prescribed in the
United Kingdom for letters patent there granted or as near
thereto as circumstances will permit.


5. - (1) Subject to the provisions of sub-section (2), letters
patent granted under this Ordinance shall confer all the
rights and privileges and shall subject the grantees thereof
to all the provisions affecting lettens, patent in the United
Kingdom as fully as if the same had been granted with an
extension thereof to this Colony by His Majesty under the
provisions of such statutes as were in force on the 13th day
of August, 1909, in the united kingdom or as near thereto
as the cirdumstances of this colony shall admit of.

(2) Revocation of letters patent granted in this Colony
except at the request of the registered proprietor when
the same may be granted by the governor, shall be
obtained only ou petition to the supreme court, and the
plaintiff shall be required to satisfy- the court that such
revocation is Justified it this Colony on grounds similar to
those oil which the revocation of letters Patent is juslified
in the United Kingdom :

Provided that an order of revocation made under section
27 of the Patents and Designs Act, 1907, shall not operate so
as to revoke or to constitute a ground for revocation of any
letters patent granted in this Colony under this Ordinance,
and provided also that letters patent granted in this colony
shall not be revoked solely on the ground that the patented
article or process is manufactured or carried on exclusively
or mainly outside the Colony if it is manufactured or carried
on exclusively or mainly in the United Kingdom or in any
British possession.

6, In case his Majesty, by the advice of the Privy Counell,
extends the privileges of any letters patent in the united
Kingdom for any Invention for any period, it shall be lawful
for the Governor in Council to extend in like manner such
letters patent, if already granted for this colony, or other-
wise to grant original letters patent for a like extended period
for the same invention.

7.-(1) There shall be kept at such office and in the custody
of such officer as the Governor may direct, by order to be
published in the Gazette, a book called the register of patents,







in which shall be entered the names and addresses of all
grantees of patents under this ordinance and notifications
of assignments and of transmissions of such patents and of
extensions and revocations thereof.

(2) the register of patents shall be prima facie evidence
of all matters directed or authorised by this ordinance to be
inserted therein.

(3) the record or file of all patents granted before the
commencement of this ordinance shall be deemed part of
the register of patents and kept therewith.

8(1) Where a person becomes entitled by assignment,
transmission, or other operation of law to a patent for which
letters patent have been granted in this colony and which
letters patent are valid and subsisting, the governor in
council shall, on request and on proof of title to his satisfac-
tion, cause the name of such person to be entered as the
proprietor of the patent in the register of patents.

(2) the person for the time being entered on the register
of patents as the proprietor of a patent shall, subject to any
rights appearing from such register or to any prior title
duly recorded prior to the commencemnet of this ordinance,
and subject to all equities affecting the same, have power
absolutely to assign, grant licences as to, or otherwise deal
with the same and to give effectual receipts for any con-
sideration for such assignment, licence, or dealing.

9. the register of patents shall at convenient times be
open to the inspection of the public, and a certified copy
under the hand of such officer as may have the custody
thereof, of any entry in such register or record shall be
given to any person requiring the same, on payment of the
fees hereinafter provided.

[s. 10, rep. No. 43 of 1912, Supp. Sched.]

11(1) it shall be lawful for the owner of an invention
to petition the governor in council for provisional protection
in respect of the said invention pending the grant of letters
patent therefor, and the governor in council may, if he shall
consider it expedient so to do, direct that the invention may
for such reasonable period as he shall think fit be used and
published in the colony without prejudice to the letters
patent to be granted for the invention.







(2) Every such petition shall be accompanied by a
specification describing the nature of the invention, and by
a declaration that the petitioner has applied, or intends to
apply within three months from the date of such petition,
for a grant of letters patent for the said invention in the
United Kingdom, and on obtaining the same, to apply for a
grant of letters patent in this colony.

12.(1) It shall be lawful for the governor in council to
make regulations for the better carrying out of this ordinance
and a table of fees to be charged and paid thereunder.

(2) Until amended the fees mentioned in the second
schedule shall be the fees payable under this ordinance.

FIRST SCHEUDLE
FORM NO. 1
Petition for letters patent.

The humble petition of A.B. [or, as the case may be, of C.D. as agent
for A.B.] etc.

that your petitioner [or, as the case may be, that A.B. of whom your
petitioner is the agent, assignee, executor, or administrator] has obtained
His Majesty's letters patent, dated the day of
19, for [state the title of invention as granted] and that such letters
patent ate to continue inforce for years from the day of
19
that your petitioner believers that the said invention is not now and
has not hitherto been publicly used in thid colony.

that the following is the description of the said invention [here state
the particulars shortly, in accordance with the specification on which the
letters patent in England were granted.]

Your petitioner annexes hereto a specification of the said invention
and a declaration, pursuant to the provisions of the patents ordinance,
1892, and prays for a grant of letters patent, for the said invention.

And your petitioner will ever pray, etc.

FORM NO. 2
declaration.

I, [here insert name, condition, and place of residence] do solemuly
and sincerely declare that I am [or, if made by an agent, then that A.B.
of is] in possession absolutely [or, if made in respect
of a locally confined interest, then within the colony of hongkong or
according to the fact] of an invention for [state the nature of the invention
in terms of the english patent] and which invention, I believe, will in





all probability be of great public utility in the said colony; that the
same is not publicly used in the said colony; and that to the best of my
knowledge and belief, the instrument in writing under my hand here-
unto annexed particularly descirbes and ascertains the nature of the
said invention and in what manner the same is to be performed.
dated this day of 19

(signed)

SECOND SCHEDULE [S. 12.]
TABLE OF FEES $ C.

1. on filing petition of inventor or of owner by assignment,
transmission etc., for which letters patent have not
theretofore been granted in the colony..........5.00

2. On grant of letters patent............... 25.00

3. On application for extension ................5.00

4. On grant of extension or original letters patent in lieu of
extension.....................25.00

5. on application for registration of notification of assign-
ment, transmission, etc...................5.00

6. on registering notification of assignment, transmission, etc 2.50

7. for every inspection and search of register, etc. .........1.00

8. for certified copies of entries under section 9, for every
extract not exceeding a folio of 72 words.............2.00

9. And for every folio or a portion of a folio exceeding 72
words at the rate of per folio...............0.25

10. On grant of provisional protection pending the grant of
letters patent...................10.00

11. for notifying grant of letters patent in the Gazette......5.00

12. for notifying registration of assignment or change of
interest in the gazette...........5.00

note:-an application must, in addition, pay the cost of
all requisite advertisements in the gazette and other papers.

[Originally No. 2 of 1892. No. 21 of 1892. Law Rev. Ord., 1924.] Short title. Owner or assignee of invention may petition for letters patent. First Schedule. Form No. 1. Documents to accompany petition. First Schedule. Form No. 2. Particulars of authority to apply to be furnished if required. Filing and advertisement of petition. Hearing of petition. Effect of grant. Procedure to obtain revocation. Limitation on revocation in Hongkong. 7 Edw. 7, c. 29. Extension of letters patent. Register of patents. Registration of assignment, etc. Inspection of Register of patents. Provisional protection. Petition to be accompanied by specification and declaration. Regulations and fees. Second Schedule.

[Originally No. 2 of 1892. No. 21 of 1892. Law Rev. Ord., 1924.] Short title. Owner or assignee of invention may petition for letters patent. First Schedule. Form No. 1. Documents to accompany petition. First Schedule. Form No. 2. Particulars of authority to apply to be furnished if required. Filing and advertisement of petition. Hearing of petition. Effect of grant. Procedure to obtain revocation. Limitation on revocation in Hongkong. 7 Edw. 7, c. 29. Extension of letters patent. Register of patents. Registration of assignment, etc. Inspection of Register of patents. Provisional protection. Petition to be accompanied by specification and declaration. Regulations and fees. Second Schedule.

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