THE HONG KONG GOVERNMENT GAZETTE, JUNE 30, 1932.
509
COLONIAL SECRETARY'S DEPARTMENT
No. 423. The following Rules relative to the granting of Patents for inventions made by Civil Servants are published for general information.
(Rules amended, see GN 222/33).
30th June, 1932.
E. R. HALLIFAX,
Colonial Secretary.
1. Any Government officer who has made an invention
(a) may, at his own expense, and
(b) shall, at the expense of the Government if so required by the Governor, lodge an application for provisional protection with the Registrar of Patents in the United Kingdom, and shall at the same time send a copy of the application to the Governor through the Head of his Department. The Governor shall decide as expeditiously as possible whether the invention shall be regarded as secret, and his decision shall be forthwith communicated to the Head of the officer's Department for the informa- tion of the officer.
2.-(1) As soon as practicable, the Governor shall decide whether the officer shall or shall not be allowed controlling rights in the patent, and his decision shall be com- municated to the Head of the officer's Department for the information of the officer.
(2) Pending the decision of the Governor as to such controlling rights, all rights in the invention shall be deemed to belong to and to be held in trust for the Govern-
ment.
(3) If the Governor decides that the officer shall be allowed controlling rights in the patent, the following provisions shall apply :-
(a) The officer shall, subject to the provisions of Rule 1 of these Rules, be
responsible for all expenditure in taking out the patent.
(b) The Governor may attach to his decision such conditions as he may think fit and, in particular, may reserve to the Government a right of user of the invention free of royalty, or a right to a share of any commercial proceeds, or both such rights.
(c) The officer may, whether any rights are reserved under paragraph (b) of this Rule or not, apply to the Awards Committee as constituted under paragraph 7 of these Rules (hereinafter referred to as "the Committee”) through the Head of his Department for an award in respect of his invention.
(d) The question whether an award shall be made, the amount thereof, and, if a share of commercial proceeds is reserved to the Government, the amount of such share shall be determined by the Governor after investi- gation by the Committee.
4. If the Governor decides that the officer shall not be allowed controlling rights in the patent, the following provisions shall apply :-
(a) The officer shall assign all his rights in the invention to the Government. (b) The Government shall be responsible for all expenditure in taking out the
patent.
(e) The Governor shall decide whether the officer shall or shall not be allowed
a share of any commercial proceeds.
(d) The officer may, whether he is allowed a share in the commercial proceeds or not, apply to the Committee through the Head of his Department for an award in respect of his invention.
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