CO129-349 - Governor Sir Lugard - 1908 [10-12] — Page 425

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HONGKONG, 12th.November, 1908.

14 JA 10

We have a client who is the inventor of a machine

for which Letters Patent have already been applied for in

England.

Under the "Patents Ordinance 1892" the owner of

an invention must obtain Letters Patent in England before

he is able to apply to the government of Hongkong for

Letters Patent here.

Under the English Patent and Designs Act 1907, Section 27, an English Patent is liable to be revoked, un-

less the patented article or process is manufactured or

carried on within the United Kingdom; "provided that no such order", (that is an order for revocation of the Patent) *shall be made which is at variance with any Treaty, Conven-

tion, or Arrangement with any foreign country or British possession".

Our client intends to obtain his Letters Patent

in England, and then to apply for Letters Patent in this

Colony, and then to carry on his process of manufacture in

this Colony.

But under the Provisions quoted above of the

"Patents Act 1907": hia Patent in England is liable to be revoked on the ground that he is not carrying on the pro- cess of mamufacture in the United Kingdom, unless some

arrangement to the contrary has been made with the British Possession in question, namely, Hongkong.

Will you therefore be kind enough to inform us whether any arrangement upon the above question has been en- -tered, between the Home Government and the Government of Hongkong.

inta

If not, we think it very desirable that some such