TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 202

Clause

(d)

in proceedings for groundless threats,

(e)

in proceedings for a declaration as to validity.

PART XII

GENERAL PROVISIONS AS TO AMENDMENT

OF PATENTS AND REQUEST TO RECORD

75.

Amendment of HK patent in infringement or revocation proceedings

(1)

(2)

76.

This clause will contain provisions based on the 1977 Act s.75 to provide that in any proceedings before the court in which the validity of a patent is put in issue, the court may allow the proprietor of the HK patent to amend the specification.

Any person may give notice of their intention to object to such amendment.

Amendment of request to record and HK patents not to include added matter

This clause will contain provisions based on the 1977 Act s.77 to provide that no amendment of a request to record or the specification of a HK patent will be allowed under the proposed legislation which results in the request or the specification disclosing any matter which extends beyond that disclosed in the original application or which extends the protection conferred by the HK patent.

PART XIII

PROVISIONS AS TO INTERNATIONAL CONVENTIONS

77.

Authentic text of HK patents and EPA lodged with request to record

(1)

This clause will contain provisions based on the 1977 Act s.80(1) and (2) providing that the authentic text for the purposes of any proceedings in HK of the EPA filed with the

130

Notes

C

1977 Act s.75

(2

(3)

1977 Act s.76

(4)

78.

1977 Act s.80

79.

(1)