THE HONGKONG GOVERNMENT GAZETTE, JUNE 11, 1909.
7. Section 8 of the Principal Ordinance is hereby Amends amended by the substitution of the word “Governor" for section 8 the words "Governor-in-Council in the fourth line of the thereof.
Principal Ordinance.
8. The following sections are hereby inserted at the Additional end of the Principal Ordinance :—
sections to the Principal Ordinance.
*12. Where an application for the grant of Letters Provisional
Patent in respect of an invention has been protection. accepted, whether provisionally or absolutely, the Governor may, if he shall consider it expedient so to do, direet that the invention may during the period between the date of such application and the date of the grant of such Letters Patent be used and published in the Colony without prejudice to the Letters Patent to be granted for the invention.
"13. Where the owner of an invention which is to be used an 1 published in this Colony states his intention of applying for the grant of Letters Patent for the said invention in the United Kingdom with the intent thereafter to apply for the grant of Letters Patent for the said invention in this Colony, the Governor may, it 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 pub- lished in the Colony without prejudice to the Letters Patent to be granted for the inven- tion."
Objects and Reasons.
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are
Section 2 (a). The words United Kingdom substituted for the word England here and elsewhere throughout the Ordinance. The alteration is advisable and in section 5 (2) “ United Kingdom must be read.
Section 2 (6). The practice is to require an office copy of the specification and Letters Patent grauted in England. This practice is not in conformity with the Ordinance and it has from time to time heen objected to.
The new section sanctions this practice, but it allows as an alterna- tive to filing a copy of the Letters Patent that the original Letters Patent should be submitted. These would be returned, as after inspection they are no longer required. A complete specification is also required, as provisional specifications have sometimes been sent in. "Complete specification" is defined in the English Act.
Section 2 (c). The words at the end of the existing section 2 (2) have been transferred to sub-section (3) to which they more appropriately belong.
Section 2 (d). The authority here stipulated for, deed of assignment, etc., is by present practice required. It seems advisable to give definite power to demand the pro- duction of an authority.
Section 3. It has proved most inconvenient to fix a date more than two weeks ahead on which Council will meet to consider applications for Letters Patent.
The present practice is to give any date subsequent to the date of the second issue of the Gazette.
Section 4. The existing section 4 is somewhat difficult of construction. In the first place there is no apparent reason in the Ordinance why the matter should come at all before the Governor-in-Council, as application under sec- tion 2 of the Principal Ordinance is made to the Governor. Further the Governor-in-Council may "refuse the prayer of the said petition as may appear expedient and for such time or times as may seem fit".
The new section is designed to set out the procedure more clearly, and in sub-section (2) present and future legislation is substituted for the P. D. & T. Acts 1883-8, which are now repealed.
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