THE HONGKONG GOVERNMENT GAZETTE, 27TH FEBRUARY, 1892.
DRAFT BILL
ENTITLED
An Ordinance to consolidate and amend the Law
relating to the grant in this Colony of Letters Patent for Inventions.
BE it enacted by the Goon be of Hongkong,, with the
advice and consent of the Legislative Council thereof,
as follows:-
1. This Ordinance may be cited for all purposes as The Patent 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 within 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 set forth in schedule A. hereto.
(2.) Every such petition shall be accompanied by a speci- fication of the said invention identical as far as practicable with the specification filed on the petition for Letters Patent for the said invention in Eugland, and by a decla- ration which may be in the form set forth in schedule B. or in such other form not being less specific as to the Governor shall appear proper.
(3.) 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 shall knowingly make any untrue or false statement in any such declaration shall upon 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 shall require, shall be inserted twice in the Gazette, and shall be otherwise advertised as the Governor shall direct.
4. The Governor in Council shall, at the sitting to be so appointed for deciding on such petition for Letters Patont 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 invention or for any less period and subject to such conditions in all respects as to the Governor in Council shall seem fit. The said Letters Patent may be in such form as is prescribed by The Patents Designs and Trade Marks Acts 1883 to 1888 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 shall 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 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.
6. In case Her Majesty shall, by the advice of the Judicial Committee 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 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 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, notifications of assignments and of transmissions of such patents and of extensions and revoca- tions thereof.
(2.) The "Register of Patents" shall be primâ facie ovid- ence of all matters directed or authorised by this Ordinance to be inserted therein.
Title.
Short title.
Authority to
owners of inventions to petition for Letters Patent.
(No. 14 of 1862 B. 1.)
(No. 6 of 1890.)
Petition, specification
and decla- ration to be filed in office of Colonial Secretary And to be advertised. (Ibid, s. 2.)
Governor in Council to grant Letters Patent. (Ibid, s. 3 and No. 6 of 1890.)
Effects of Fuch grant. (No. 14 of 1862, 8. 4.)
When and how Lettore Patent may be granted for An extended period. (Ibid, s. 5.)
Register of Patents.
159