PATENTS ORDINANCE, 1892
Title
PATENTS ORDINANCE, 1892
Description
ORDINANCE No. 2 OF 1892.
Patents
AN ORDINANCE to consolidate and amend the Law relating
to the Grant in this Colony of Letters Patent for
Inventions.
[1st April,1892.]
BE it enacted by the Governor of Hongkong, with the advice and
consent of the Legislative Council thereof,as follows:-
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 this Colony to petition the Governor
for Letters Patent for any invention for which Letters Patent have
already been granted in England, and such petition may be in the Form
No. 1 in the First Schedule to this Ordinance.
(2.)Every such petition shall be accompanied by a specification of
the said invention identical, as far as practicable, with the specification
filled on the petition for Letters Patent for the said invention in
England, and by a declaration which may be in the Form No.2 in the
said Schedule or in such other form,not being less specific,as to the
Governor may appear proper.
(3.)Every such declaration shall be made before some person duly
authorized to administer an oath in the country where it is made;and
every person who knowingly makes any untrue or false statement in
any such declaration shall,in conviction,be liable to the penalties of
perjury.
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 the matter of the petition will come for
decision,together with 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.)The Governor-in-Council shall,at the sitting to be so
appointed for deciding on 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
may appear expedient,and for such time or times,not exceeding the
then duration of the Letter Patent for the said invention or for any
less period,and subject to such conditions in all respects,as to the
Governor-in-Council may seem fit.
(2.)The said Letters Patent may be in such form as is prescribed
by the Patents,Designes,and Trade Marks Acts,1883 or 1888,of
the Imperial Parliament,or any rules made thereunder,or as near
thereto as circumstances will permit.
5.Letters Patent to be granted under this Ordinance shall confer
all the rights and privileges and shalll subject the grantees thereof to all
the provisions affecting Letters Patent in England as fully as if the
same had been granted with an extension tehreof 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 to.
6.In case Her Majesty,by the advice of the judicial Committee of
Her Majesty's Privy COuncil,extends the privileges of any Letters
Patent in England 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 otherwise to grant orginal
Letters Patent for a like extended period for the same invention.
7.-(1.)There shall be kept at the Colonial Secretary's Office 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 noti-
fications 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 authorized 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 satisfaction,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 commence-
ment 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 consideration 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 coppy under the hand of the
Colonial Secretary,or of such other officer as may hereafter have the cus-
tody 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.
10.It shall be lawful for the Governor to direct,by order to be
published in The Gazette ,that the record or file of patents heretpfore
kept and the Register of Patents herein provided for be transferred from
the Colonial Secretary's Office to such place and be places under the
custody of such officer as he may think fit.
11.-(1.)The Governor-in-Council may make,and,when made,may
from time to time alter,amend,or revoke,rules and regulations for the
better carrying out of this Ordinance and a table of fees to be charged
and paid thereunder.
(2.)Such rules and regulations and fees shall from time to time be
notified in The Gazette,and shall take effect from the date specified in
such notification.
(3.)Until altered,amended,or revoked,the fees mentioned in the
Second Schedule to this Ordinance shall be the fees under this
Ordinance. SCHEDULE.
THE FIRST SCHEDULE.
FORMS.
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
Her Majesty's Letter Patent,dated the day of 1 ,
for [state the title of invention as granted]and that such Letters Patent are
to continue in force for years from the day of 1 .
That your Petitioner believes that the said invention is not now and has
not hitherto been publicity used in this 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 solemnly 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
pf 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,
teh instrument in writing under my hand hereunto annexed particularly
describes and ascertaines the nature of the said invention and in what manner
the same is to be performed.
Dated the day of 1 .
(Signed.)
THE SECOND SCHEDULE.
TABLE OF FEES.
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
2.On Grant of Letters Patent
3.On Application for Extension
4.On Grant of Extension or original Letters Patent in lieu of
extension
5.On Application for registration of notification of assignment,
transmission,etc
6.On registering notification of assignment,transmission,etc.
7.For every inspection and search of Register,etc.
8.For certified copies of entries under the hand of the Colonial
Secretary,for every extract not exceding a folio of 72 words
9.And for every folio or a portion of a folio exceeding 72 words
at the rate of per folio
NOTE.-An Application must,in addition,pay the cost of all requisite
advertisements in The Gazette and other papers.
A.D. 1892. Ordinance No. 2 of 1892.
Short title.
Authority to owner or assignee of invention to petition for Letters Patent. First Schedule: Form No. 1;
Form No. 2. Filing and advertisement of petition, specification, and declaration. Hearing of petition and grant or refusal of Letters Patent. Effect of grant. Extension of Letters Patent. Keeping of Register of Patents. Registration of assignment, etc. Inspection of Register, etc. Power to transfer record and Register of Patents from Colonial Secretary's Office. Rules and regulations and fees. Second Schedule. Section 2. Section 2. Section 11.
Patents
AN ORDINANCE to consolidate and amend the Law relating
to the Grant in this Colony of Letters Patent for
Inventions.
[1st April,1892.]
BE it enacted by the Governor of Hongkong, with the advice and
consent of the Legislative Council thereof,as follows:-
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 this Colony to petition the Governor
for Letters Patent for any invention for which Letters Patent have
already been granted in England, and such petition may be in the Form
No. 1 in the First Schedule to this Ordinance.
(2.)Every such petition shall be accompanied by a specification of
the said invention identical, as far as practicable, with the specification
filled on the petition for Letters Patent for the said invention in
England, and by a declaration which may be in the Form No.2 in the
said Schedule or in such other form,not being less specific,as to the
Governor may appear proper.
(3.)Every such declaration shall be made before some person duly
authorized to administer an oath in the country where it is made;and
every person who knowingly makes any untrue or false statement in
any such declaration shall,in conviction,be liable to the penalties of
perjury.
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 the matter of the petition will come for
decision,together with 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.)The Governor-in-Council shall,at the sitting to be so
appointed for deciding on 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
may appear expedient,and for such time or times,not exceeding the
then duration of the Letter Patent for the said invention or for any
less period,and subject to such conditions in all respects,as to the
Governor-in-Council may seem fit.
(2.)The said Letters Patent may be in such form as is prescribed
by the Patents,Designes,and Trade Marks Acts,1883 or 1888,of
the Imperial Parliament,or any rules made thereunder,or as near
thereto as circumstances will permit.
5.Letters Patent to be granted under this Ordinance shall confer
all the rights and privileges and shalll subject the grantees thereof to all
the provisions affecting Letters Patent in England as fully as if the
same had been granted with an extension tehreof 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 to.
6.In case Her Majesty,by the advice of the judicial Committee of
Her Majesty's Privy COuncil,extends the privileges of any Letters
Patent in England 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 otherwise to grant orginal
Letters Patent for a like extended period for the same invention.
7.-(1.)There shall be kept at the Colonial Secretary's Office 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 noti-
fications 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 authorized 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 satisfaction,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 commence-
ment 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 consideration 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 coppy under the hand of the
Colonial Secretary,or of such other officer as may hereafter have the cus-
tody 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.
10.It shall be lawful for the Governor to direct,by order to be
published in The Gazette ,that the record or file of patents heretpfore
kept and the Register of Patents herein provided for be transferred from
the Colonial Secretary's Office to such place and be places under the
custody of such officer as he may think fit.
11.-(1.)The Governor-in-Council may make,and,when made,may
from time to time alter,amend,or revoke,rules and regulations for the
better carrying out of this Ordinance and a table of fees to be charged
and paid thereunder.
(2.)Such rules and regulations and fees shall from time to time be
notified in The Gazette,and shall take effect from the date specified in
such notification.
(3.)Until altered,amended,or revoked,the fees mentioned in the
Second Schedule to this Ordinance shall be the fees under this
Ordinance. SCHEDULE.
THE FIRST SCHEDULE.
FORMS.
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
Her Majesty's Letter Patent,dated the day of 1 ,
for [state the title of invention as granted]and that such Letters Patent are
to continue in force for years from the day of 1 .
That your Petitioner believes that the said invention is not now and has
not hitherto been publicity used in this 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 solemnly 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
pf 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,
teh instrument in writing under my hand hereunto annexed particularly
describes and ascertaines the nature of the said invention and in what manner
the same is to be performed.
Dated the day of 1 .
(Signed.)
THE SECOND SCHEDULE.
TABLE OF FEES.
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
2.On Grant of Letters Patent
3.On Application for Extension
4.On Grant of Extension or original Letters Patent in lieu of
extension
5.On Application for registration of notification of assignment,
transmission,etc
6.On registering notification of assignment,transmission,etc.
7.For every inspection and search of Register,etc.
8.For certified copies of entries under the hand of the Colonial
Secretary,for every extract not exceding a folio of 72 words
9.And for every folio or a portion of a folio exceeding 72 words
at the rate of per folio
NOTE.-An Application must,in addition,pay the cost of all requisite
advertisements in The Gazette and other papers.
A.D. 1892. Ordinance No. 2 of 1892.
Short title.
Authority to owner or assignee of invention to petition for Letters Patent. First Schedule: Form No. 1;
Form No. 2. Filing and advertisement of petition, specification, and declaration. Hearing of petition and grant or refusal of Letters Patent. Effect of grant. Extension of Letters Patent. Keeping of Register of Patents. Registration of assignment, etc. Inspection of Register, etc. Power to transfer record and Register of Patents from Colonial Secretary's Office. Rules and regulations and fees. Second Schedule. Section 2. Section 2. Section 11.
Abstract
A.D. 1892. Ordinance No. 2 of 1892.
Short title.
Authority to owner or assignee of invention to petition for Letters Patent. First Schedule: Form No. 1;
Form No. 2. Filing and advertisement of petition, specification, and declaration. Hearing of petition and grant or refusal of Letters Patent. Effect of grant. Extension of Letters Patent. Keeping of Register of Patents. Registration of assignment, etc. Inspection of Register, etc. Power to transfer record and Register of Patents from Colonial Secretary's Office. Rules and regulations and fees. Second Schedule. Section 2. Section 2. Section 11.
Short title.
Authority to owner or assignee of invention to petition for Letters Patent. First Schedule: Form No. 1;
Form No. 2. Filing and advertisement of petition, specification, and declaration. Hearing of petition and grant or refusal of Letters Patent. Effect of grant. Extension of Letters Patent. Keeping of Register of Patents. Registration of assignment, etc. Inspection of Register, etc. Power to transfer record and Register of Patents from Colonial Secretary's Office. Rules and regulations and fees. Second Schedule. Section 2. Section 2. Section 11.
Identifier
https://oelawhk.lib.hku.hk/items/show/666
Edition
1901
Volume
v2
Subsequent Cap No.
514
Cap / Ordinance No.
No. 2 of 1892
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PATENTS ORDINANCE, 1892,” Historical Laws of Hong Kong Online, accessed January 22, 2025, https://oelawhk.lib.hku.hk/items/show/666.
