PATENTS ORDINANCE
Title
PATENTS ORDINANCE
Description
Patents.
No. 14 of 1862.
An Ordinance for granting Patents for Inventions within this
Colony.
[3rd July, 1862.]
HER CAS Extents for inventions granted in England are not -usually
I31VrriYterR 71U1.y
after 1964 net as
such, or as
attorneys.
extended to the colonies, and it is expedient that power should be
vested -in His Excellency the Governor with the advice of the Executive
council to Grant Letters Patent for the exclusive use o£ inventions within
ORDINANCE No. 14 of 152.
Authority to
owners of
inventions to
Ipetition for
7.e tterH
Patent.
Petition,
*inccification
and decla-
ration to be
tiled in office
or. Colonial
~crretnry and
to be advcr
Governor in
<,;onncil to
grout Letters
latent.
Patents.
this Colony, for which Letters Patent have . already been granted in
England: Be it therefore enacted by His Excellency the Governor of'
Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. It shall be lawful for the inventor or for the owner by assignment
or otherwise from any inventor of any invention or of the exclusive right.
thereto within this Colony to petition His Excellency the Governor £or-
Letters Patent for any invention, fore nrhich Letters Patent lave already
been granted in England; and such petition may be in the form set forth -
in schedule A hereto. Every such petition shall be accompanied by a.
specification of the said invention identical as far as practicable with
the
specification filed on tile petition for Letters Patent for the said
invention
in England, and by a declaration which may be in the form set forth in
schedule I3 or in such other dorm not being less specific as to the
Governor,
shall appear proper. Amended by Ordinance. No. 32 of 1889 (revealed);
and by Ordinance lVo. 6 of 1890.
2. Such petition, specification and declaration.:-~;Lall be filed in the-
offlce of the Colonial Secretary, and notice thereof and of any intention
to apply for such Letters Patent, and othetime. of the., sitting of the
Executive Council before which the hatter of the petition will come for-
decision together with such other particulars as the Governor shall
require,
shall be inserted twice in the Hongkong Government Gazette, and shall
be otherwise advertised as the Governor shall direct.
3. His Excellency the Governor with the advice ofthe said Executive:
Council shall, at the sitting to be so appointed for deciding old such
petition
for Letters Patent as aforesaid or at any adjournment thereof, determine
on such application for Letters Patent and grant or refuse the prayer of
the said petition as shall appear expedient, and for such time or times.
not exceeding the then duration of the Letters Patent for the said inven-
tion or for any less period and subject to such conditions in all
respects.
as to His Excellency the Governor with the advice of the said h;xecutive~
Council shall seem fit. 'Che said Letters Patent may be in such form as
is prescribed by ( the Patent Lam Amendment Act 1852 of the Imperial-
Parliament: Repealed by Ordinance A'o. 32 of 1889 (~°epealed) ; and by
Ordinance No. 6 of 1890, and new words substituted] or as near thereto,
as circumstances will permit.
Effects of 4., Letters Patent to be granted under this Ordinance shall
confer
such grant.
all the rights and ivileges and shall subject the grantees thereof to all
the provisions affecting Letters Patent in England as fully as if the
same-
ORDINANCE No. 14 of 1862.
Patents.
had been granted with an extension thereof to this Colony by Her
Majesty under the provisions of the Statutes now in force in England or
as near thereto as the circumstances of this Colony will admit of.
5. In case Her Majesty shall, by the advice of the Judicial Cointnit-
tee of Her Majesty's Privy Council, extend the privileges of any Letters
Patent in England for any invention for any period, it shall be lawful for
His Excellency the Governor with the advice of the Executive Council
to extend in like manner such Letters Patent if alrea(ly granted for this
Colony or otherwise to grant original Letters Patent for a like extended
.period for the same invention. ,
SCHEDULE A..
FORM Oh' PETITION.
The humble petition of A.B., (or as the case may be of C. D. as agent for
A.B.) &c.
That your petitioner (or as the case may be, that A.11. of whom your
petitioner i5
the agent, assignee, executor or administrator) has obtained Her
Majesty's Letters Patent
.dated the day of 18 for (state the title of the invention as
years from the
-granted) and that such Letters Patent are to continuo in force for
clay of . 186
That your petitioner believes that the said invention is not now and has
not hitherto
beau publicly used in this Colony.
'that the following is the description of the said invention (here state
theparticulars
-shortly in accordance with the specification on which the Lepers Patent
in England were
:granted).
Your petitioner therefore prays for leave to file a specification of the
said
invention pursuant to the provisions of Ordinance No. 14 0 1862.
And your petitioner will ever pray, &c.
wuen and
how Letters
Patent may
be gv:wtedfor
an extended
SCHEDULE B.
I (here insert name, condition, and place of residence) do solemnly and
sincerely ~s~e oracwZCP
o. a of 3seu.l
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 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 he of
great public utility within Hongkong ; and that the same is not publicly
used within the said
Colony ; and that to the best of my knowledge and belief the instrument
in writing under
my hand hereunto annexed particularly describes and ascertains the nature
of the said
invention and in what manner the same is to be performed. Dated the day of
18
(Signed)
537
Title.
Preamble.
Authoring to owners of inventions to petition for Letters Patent.
Petition, specification and declaration to be filed in office of Colonial Secretary and to be advertised.
Governor in Council to grant Letters Pantent.
Effects of such grant.
When and how Letters Patent may be granted for an extended period.
[See Ordinance No. 6 of 1890.]
No. 14 of 1862.
An Ordinance for granting Patents for Inventions within this
Colony.
[3rd July, 1862.]
HER CAS Extents for inventions granted in England are not -usually
I31VrriYterR 71U1.y
after 1964 net as
such, or as
attorneys.
extended to the colonies, and it is expedient that power should be
vested -in His Excellency the Governor with the advice of the Executive
council to Grant Letters Patent for the exclusive use o£ inventions within
ORDINANCE No. 14 of 152.
Authority to
owners of
inventions to
Ipetition for
7.e tterH
Patent.
Petition,
*inccification
and decla-
ration to be
tiled in office
or. Colonial
~crretnry and
to be advcr
Governor in
<,;onncil to
grout Letters
latent.
Patents.
this Colony, for which Letters Patent have . already been granted in
England: Be it therefore enacted by His Excellency the Governor of'
Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. It shall be lawful for the inventor or for the owner by assignment
or otherwise from any inventor of any invention or of the exclusive right.
thereto within this Colony to petition His Excellency the Governor £or-
Letters Patent for any invention, fore nrhich Letters Patent lave already
been granted in England; and such petition may be in the form set forth -
in schedule A hereto. Every such petition shall be accompanied by a.
specification of the said invention identical as far as practicable with
the
specification filed on tile petition for Letters Patent for the said
invention
in England, and by a declaration which may be in the form set forth in
schedule I3 or in such other dorm not being less specific as to the
Governor,
shall appear proper. Amended by Ordinance. No. 32 of 1889 (revealed);
and by Ordinance lVo. 6 of 1890.
2. Such petition, specification and declaration.:-~;Lall be filed in the-
offlce of the Colonial Secretary, and notice thereof and of any intention
to apply for such Letters Patent, and othetime. of the., sitting of the
Executive Council before which the hatter of the petition will come for-
decision together with such other particulars as the Governor shall
require,
shall be inserted twice in the Hongkong Government Gazette, and shall
be otherwise advertised as the Governor shall direct.
3. His Excellency the Governor with the advice ofthe said Executive:
Council shall, at the sitting to be so appointed for deciding old such
petition
for Letters Patent as aforesaid or at any adjournment thereof, determine
on such application for Letters Patent and grant or refuse the prayer of
the said petition as shall appear expedient, and for such time or times.
not exceeding the then duration of the Letters Patent for the said inven-
tion or for any less period and subject to such conditions in all
respects.
as to His Excellency the Governor with the advice of the said h;xecutive~
Council shall seem fit. 'Che said Letters Patent may be in such form as
is prescribed by ( the Patent Lam Amendment Act 1852 of the Imperial-
Parliament: Repealed by Ordinance A'o. 32 of 1889 (~°epealed) ; and by
Ordinance No. 6 of 1890, and new words substituted] or as near thereto,
as circumstances will permit.
Effects of 4., Letters Patent to be granted under this Ordinance shall
confer
such grant.
all the rights and ivileges and shall subject the grantees thereof to all
the provisions affecting Letters Patent in England as fully as if the
same-
ORDINANCE No. 14 of 1862.
Patents.
had been granted with an extension thereof to this Colony by Her
Majesty under the provisions of the Statutes now in force in England or
as near thereto as the circumstances of this Colony will admit of.
5. In case Her Majesty shall, by the advice of the Judicial Cointnit-
tee of Her Majesty's Privy Council, extend the privileges of any Letters
Patent in England for any invention for any period, it shall be lawful for
His Excellency the Governor with the advice of the Executive Council
to extend in like manner such Letters Patent if alrea(ly granted for this
Colony or otherwise to grant original Letters Patent for a like extended
.period for the same invention. ,
SCHEDULE A..
FORM Oh' PETITION.
The humble petition of A.B., (or as the case may be of C. D. as agent for
A.B.) &c.
That your petitioner (or as the case may be, that A.11. of whom your
petitioner i5
the agent, assignee, executor or administrator) has obtained Her
Majesty's Letters Patent
.dated the day of 18 for (state the title of the invention as
years from the
-granted) and that such Letters Patent are to continuo in force for
clay of . 186
That your petitioner believes that the said invention is not now and has
not hitherto
beau publicly used in this Colony.
'that the following is the description of the said invention (here state
theparticulars
-shortly in accordance with the specification on which the Lepers Patent
in England were
:granted).
Your petitioner therefore prays for leave to file a specification of the
said
invention pursuant to the provisions of Ordinance No. 14 0 1862.
And your petitioner will ever pray, &c.
wuen and
how Letters
Patent may
be gv:wtedfor
an extended
SCHEDULE B.
I (here insert name, condition, and place of residence) do solemnly and
sincerely ~s~e oracwZCP
o. a of 3seu.l
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 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 he of
great public utility within Hongkong ; and that the same is not publicly
used within the said
Colony ; and that to the best of my knowledge and belief the instrument
in writing under
my hand hereunto annexed particularly describes and ascertains the nature
of the said
invention and in what manner the same is to be performed. Dated the day of
18
(Signed)
537
Title.
Preamble.
Authoring to owners of inventions to petition for Letters Patent.
Petition, specification and declaration to be filed in office of Colonial Secretary and to be advertised.
Governor in Council to grant Letters Pantent.
Effects of such grant.
When and how Letters Patent may be granted for an extended period.
[See Ordinance No. 6 of 1890.]
Abstract
537
Title.
Preamble.
Authoring to owners of inventions to petition for Letters Patent.
Petition, specification and declaration to be filed in office of Colonial Secretary and to be advertised.
Governor in Council to grant Letters Pantent.
Effects of such grant.
When and how Letters Patent may be granted for an extended period.
[See Ordinance No. 6 of 1890.]
Title.
Preamble.
Authoring to owners of inventions to petition for Letters Patent.
Petition, specification and declaration to be filed in office of Colonial Secretary and to be advertised.
Governor in Council to grant Letters Pantent.
Effects of such grant.
When and how Letters Patent may be granted for an extended period.
[See Ordinance No. 6 of 1890.]
Identifier
https://oelawhk.lib.hku.hk/items/show/178
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 14 of 1862
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PATENTS ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 4, 2025, https://oelawhk.lib.hku.hk/items/show/178.
