CAP. 42]
Registration of Patents
[1979 Ed.
Originally 42 of 1932.
(Cap. 42, 1950,)
9 of 1950.
18 of 1950,
27 of 1958. 24 of 1968. 25 of 1979.
35/90
Short title.
Interpretation.
1977 c. 37, s. 130.
1977 c. 37, s. 130.
(1949 c. 87.)
(1977 c. 37.)
(1949 c. 87.)
(1977 c. 37.)
(1977 c. 37.)
Application for registration of patent.
(1949 c. 87.)
CHAPTER 42
REGISTRATION OF PATENTS
To consolidate and amend the law relating to the registration of
Patents. (Amended, 25 of 1979, s. 2)
[9 December 1932.]
1. This Ordinance may be cited as the Registration of Patents Ordinance.
(Amended, 25 of 1979, s. 3)
2. In this Ordinance, unless the context otherwise requires-
"comptroller" means the Comptroller-General of Patents, Designs
and Trade Marks in the United Kingdom;
"European patent (UK)" means a patent granted under the Convention on the Grant of European Patents and designating the United Kingdom;
"patent" means a patent granted under the Patents Act 1949 or under the Patents Act 1977 and means also a European patent (UK) that has effect in the United Kingdom pursuant to section 77 of the Patents Act 1977;
"priority date" has the meaning assigned to it-
(a) in the case of a patent under the Patents Act 1949, by
section 5 of that Act;
(b) in the case of a patent under the Patents Act 1977, by
section 5 of that Act; and
(c) in the case of a European patent (UK), by section 5 of the Patents Act 1977, subject to the incidents and modifications mentioned in section 78 of that Act;
"Registrar" means the Registrar of Patents.
(Replaced, 27 of 1958, s. 2. Amended, 25 of 1979, s. 4)
3. (1) Any person being the grantee of a patent, or any person deriving his right from such grantee by assignment, transmission or other operation of law, may, within 5 years from the date of grant of the patent, apply to have such patent registered in Hong Kong. Where any partial assignment or transmission has been made all proper parties shall be joined in the application for registration. (Amended, 27 of 1958, s. 3 and 25 of 1979, s. 5)
(2) In this section "the date of grant" means-
(a) in relation to a patent under the Patents Act 1949, the date of sealing of the patent under section 19 of that Act;