PATENTS ORDINANCE, 1892

PATENTS ORDINANCE, 1892

No. 2 of 1892.
To consolidate and amend the law relating to the grant in this
Colony of Letters Patent for Inventions.

1. The Patents Ordinance, 1892
[1st April, 192.]


2.-(1) It shall be lawful for the inventor, or for the owner by
assignment, tramsmission or other operation of law, 0f, any inven
tion or of the exclusive right thereto in this Colony to petition the
Governor-in-Council for letters patent for any Invention for which
letters patent have already been granted in the United Kingdom
and such petition may be in forrn 1 in the 1st schedule.

As amended by No. 19 of 1911, No. 50 oi 1911 and No. 21 of 1912
As ametided by No. 2 of 1912.
As amended by No. 22 of 1.909, No. 19 of 1911, No. 30 of 1911~
No. 50 of 11511, No. 2 of 1912 Lhild No. 43 of 1912 Su,,)~). Sched.





(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 tbe same ard 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 by a de..
claration which may be in form 2 in the Ist schedule or in such
other form not, being less specifie, 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;
and every person who knowingly makes any untrue or faIse state-
ment in any such declaration shall be liable to the penalties of per-
jury.

(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, transmission, or other
operation of law to be entered on the register of patents as pro-
prietor in this Colony of such letters patent, lie shall furnish such
particulars as the Governor may require of the licence, assignment,
transmission, or other operation of 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 tinle of the
sitting of the Executive Council before which the matter of the
petition will conle 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) Every petition for a grant of letters patent shall be con-
sidered by the Governor-in-Councll who may refuse the prayer of
the said petition or may grant it absolutely or subject to such con-
ditions, 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.

As amendecl by No..22 of 1909 and No. 22 of 1911.
As amended by No. 22 of 1(00, No. 22 of 1911 and 'No. GO of 1911,





(2) letters patent granted under the provisions of this Ordinance
shall be in such form as may be prescribed in the United Kingdom
Jor 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 tinder this Ordinance shall confer all thd rights and
privileges and shall subject the grantees thereof to all the provisions
affecting letters patent in the United Kingdom as fully as if the
same had. been granted with all extension thereof to this Colony by
His Majesty under the provisions of such statutes as were in force
on 13th August, 1909, in the United Kingdom or as near thereto
as the circumstances of this Colony shall admit of.
(2) Revocation of letters patent granted in this Colony except
at the requat of the proprictor when the same may be
granted by the Governor shall be obtained only on petition to the
Supreme Court, and the plaintiff shall be required to satisfy the
Court that such revocation is justified in this Colony on grounds
similar to those on which the revocation of letters patent is justified
in the United Kingdom.

Provided that an order of revocation made tinder section 27 of
the Patents and Designs Act, 1907, shall not operate so as to
revoke or to consfitute 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 manu-
factured or carried on exclusively or mainly in the United Ringdom
or in any British Possession.

6. In case His Majesty by the advice of the Privy Council,
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 otherwise 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, by. order to be published in the

Ar a - inenddl by No. 22 of 1009, No. 22 of 1911, No. 1, of 1912 and
No. 2 of 1912.
Asamended by No. 22 of 1909, '~o, 22 of 1911, 'No. 51 of 1911
aild No. 1 of 1912. .
As aineaded by No. 4a of 1912 Supp*. Sched.





Gazette, direct 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 com-
mencement of this Ordinance shall be deemed part of the Register
of Patents and kept therewith.

8.-(1) Where a person becomes entitled by assignment, trans-
mission, or other operation. of law to a patent for which letters Or
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 commencement 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 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.
Is. 10, rep. No. 43 of 1912 Supp. Sebed.]

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

As amended by No. 22 of 1909 and Xo. 22 of 1911.
As. amended by No. 43 of 1912 Supp. Sched.
As amended by X~. 22 of 1909, No. 22 of 1911 and No. 8 of 1912.





therefor, and the Governor-in-Council may, if lie shall consider
it expedient so to do, direct that the invention may for such reason-
able period as lie 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 3 months from
the date of such petitlion, 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) The Governor-in-Council may 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 2nd schedule shall
be the fees payable under this Ordinance.

FIRST SCHEDULE.
Form No.1
Es. 2.'

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 adininistrator has obtained His Majesty's Letters
Patent, dated day of 19 for [state the title of
invention as granted and that such Letters Patent are to continue in force for
years from the day of 19

That your Petitioner believes that the said invention is not now and has not
hitherto been publicly 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 declara-
tion, 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.

Foam No. 2,
Declaration.
[s. 2.]

1, [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 for, if made in respect of a locally confined interest, then within

* ' RMPI'ded by NO. 50 of 1911, No. 1 of 1912 and No. 8 of 1912.
t As anicaded by No. 51 of 1911.
the Colony of Hongkong or according to the fact] of an invention for [state the vature
of the invention in term of the Eiglish 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 hereunto annexed particularly describes and
aseertains the nature of the said invention and in what manner the same is to be
performed

Dated this day of 19

(Signed.)

SECOND SCHEULE,
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 .....................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-
rnent, 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 words2.00
9. And for every folio or a portion of a folio exceedine, 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 nodying registration of assignment or change of
interest in the Gazette ..........................................5.00

NOTE-An Applicant must, in addition,, pay the cost of
all requisite advertisements in the Gazettte and other
papers.
Short title. Owner or assignee of invention may petition for letters patent. Documents to accompany petition. 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 or revocation in Hongkong. 7 Edward VII c. 29. Extension of letters patent. Register of Patents. Registration of assignment, etc. Inspection of Register. Provisional protection. Petition to be accompanied by specification and declaration. Regulations and fees.

Short title. Owner or assignee of invention may petition for letters patent. Documents to accompany petition. 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 or revocation in Hongkong. 7 Edward VII c. 29. Extension of letters patent. Register of Patents. Registration of assignment, etc. Inspection of Register. Provisional protection. Petition to be accompanied by specification and declaration. Regulations and fees.

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