REGISTRATION OF UNITED KINGDOM PATENTS ORDINANCE

REGISTRATION OF UNITED KINGDOM PATENTS ORDINANCE

CHAPTER 42.

REGISTRATION OF UNITED KINGDOM PATENTS.

To consolidate and amend the law relating to the Registration of
United Kingdom Patents.

[9th December, 1932.]

1. This Ordinance may be cited as the Registration of United
Kingdom Patents Ordinance.

2. (1) It shall be lawful for the Governor to appoint a Registrar of
Patents.

(2) Until the Governor shall make an appointment under
subsection (i), the officer who immediately before the commencement
of this Ordinance was discharging the duties of Registrar of Patents,
shall be the Registrar of Patents for the purposes of this Ordinance.

3. (1) Any person being the grantee of a patent in the United
Kingdom, or any persoii deriving his right from such grantee by
assignment, transmission or other operation of law, may, within five
years from the date of issue of the patent, apply to have such patent
registered in Hong Kong. Where any partial assignment or
transmission has been made all proper parties shall be joined in the
application for registration.

(2) There shall be excluded from such period of five years the
period from the 25th day of December, 1941, tO the 1st day of September,
1950, or when the date of issue of the patent is later than the 25th day
of December, 1941, tfie period from stich issue to the 1st day of
September, 1950.

4. Every application under this Ordinance shall be accompanied
by a certified copy of the specification or specifications (including
drawings, if any) of the United Kingdom patent and a certificate of the
Comptroller General of the United Kingdom Patent Office giving full
particulars of the issue of the patent on such specification or
specifications.

5. Upon such application being received, together with the
documents mentioned in section 4, and upon





payment of the prescribed fees and of the cost of any
prescribed advertisement, the Registrar of Patents shall issue a
certificate of registration.

6. Such certificate of registration shall confer on the
applicant privileges and rights, subject to all conditions
established by the law of Hong Kong, as though the patent had
been issued in the United Kingdom with an extension to Hong
Kong.

7. The privileges and rights so granted shall date from the
date of the patent in the United Kingdom and shall continue in
force only so long as the patent remains in force in the United
Kingdom : Provided that no action for infringement shall be
entertained in respect of any manufacture, use or sale of the
invention prior to the date of issue of the certificate of
registration in Hong Kong.

8. (1) The Supreme Court shall have power, upon the
application of any person who alleges that his interests have
been prejudicially affected by the issue of a certificate of
registration, to declare, on any of the grounds upon which the
United Kingdom patent might be revoked under the law for the
time being in force in the United Kingdom, that the exclusive
privileges and rights conferred by such

certificate of registration have not been acquired.

(2) Such grounds shall be deemed to include the
manufacture, use or sale of the invention in Hong Kong prior to
the date of the patent in the United Kingdom, but not to include
the manufacture, use or sale of the invention in Hong Kong by
some person or persons after the date of the patent in the
United Kingdom and prior to the date of the issue of the
certificate of registration under section 5.

9. Whenever the specification or drawings of a United
Kingdom patent registered in Hong Kong has or have been
amended by way of disclaimer, correction or explanation,
according to the law of the United Kingdom, a request,
accompanied by a copy of the specification and drawings (if
any) as amended, duly certified by the Comptroller General of
the United Kingdom Patent Office,





may be made to the Registrar to substitute a copy of the specification
and drawings as amended for the specification and drawings originally
filed.

10. Where a person becomes entitled by assignment, trans-
mission or other operation of law to the privileges and rights conferred
by a certificate of registration or to any interest therein, he may make
application in the prescribed nianner to the Registrar of Patents for the
entry on 'the register of such assignment, transmission or other
instrument affecting the title, or giving an interest therein.

11. The Registrar may make such rules and do such things as he
may think expedient, subject to the provisions of this Ordinance, for
prescribing the procedure under this Ordinance and the fees to be paid
in respect of proceedings under this Ordinance : Provided always that
no such rules shall come into operation until the same have been
approved by the Legislative Council and published in the Gazette.
42 of 1932. 9 of 1950. 18 of 1950. Short title. Registrar of Patents. Application for registration of patent granted in the United Kingdom. 18 of 1950, s. 2. G.N.A. 187/50. Application to be accompanied by certain documents. Issue of certificate of registration. Nature of rights conferred by registration. Period of rights conferred by registration. Power to declare exclusive privileges not acquired. Amendment of specification or drawings. [s. 9 cont.] Registration of assignment, etc. Power to make rules prescribing procedure and fees.

42 of 1932. 9 of 1950. 18 of 1950. Short title. Registrar of Patents. Application for registration of patent granted in the United Kingdom. 18 of 1950, s. 2. G.N.A. 187/50. Application to be accompanied by certain documents. Issue of certificate of registration. Nature of rights conferred by registration. Period of rights conferred by registration. Power to declare exclusive privileges not acquired. Amendment of specification or drawings. [s. 9 cont.] Registration of assignment, etc. Power to make rules prescribing procedure and fees.

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