12293-1909-Ordinance-passed-and-assented-to--Patents-Amendment-No-22 — Page 2

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 13, 1909.

(2) Letters Patent granted under the provisions of this Ordinauce shall be in such form as may from time to time be prescribed in the United Kingdom for Letters Patent there granted or as near thereto as circumstances will permit."

5. Section 5 of the Principal Ordinance is hereby re- Repeals pealed and the following section is substituted therefor :-

""

section o of the Principal Ordinance.

5.-(1) Subject to the provisions of sub-sections Effect of (2) and (3) Letters Patent granted under this grant. Ordinance shall confer all the rights and privi- leges and shall subject the grantees thereof to all the provisions affecting Letters Patent in the United Kingdom as fully as if the same had been granted with an extension thereof to this Colony by His Majesty under the provi- sions of such statutes as are now in force in the United Kingdom or as near thereto as the circumstances of this Colony shall admit of.

of Patent

(2) Section 27 of the Act of the Imperial Parlia- Revocation

ment 7 Edw. VII cap. 29 ("The Patents and in United Desigus Act 1907") shall be read and construed, Kingdom in relation to patents granted in this Colony, as under if the words "and Hongkong" appeared therein section 27 after the words "United Kingdom" wherever not to affect the latter words appear in the said section.

a patent in Hongkong unless not worked in Hongkong. Limitation as to revoca- tion in

Hongkong.

revocation.

(3) Revocation of Letters Patent granted in this Procedure

Colony, except at the request of the registered to obtain proprietor when the same may be granted by the Governor, shall be obtained only on petition to the Supreme Court, and the plaintiff shall be required to satisfy the Court that such re- vocation is justified in this Colony on grounds similar to those on which the revocation of Letters Patent is justified in the United King- dom."

of the

6. Section 6 of the Principal Ordinance is hereby Amends amended by the substitution of the words “United King- section 6 dom

66 for the word

in the third line thereof; Principal England and by the substitution of the word "Governor" for the Ordinance. words Governor-in-Council" in the fourth line thereof.

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7. Section 8 of the Principal Ordinance is hereby Amends amended by the substitution of the word Governor" for section 8 the words "Governor-in-Council” in the fourth line thereof.

of the

Principal Ordinance.

8. The following sections are hereby inserted at the Additional end of the Principal Ordinance :

sections

to the

Principal Ordinance.

12. It shall be lawful for the owner of an inven- Provisional

tion to petition the Governor for provisional protection. protection in respect of the sail inventiou pending the grant of Letters Patent therefor, and the Govenor may, if he shall consider it expedient so to do, direct that the invention may for such reasonable period as he shall think fit be used and published in the Colony with out prejudice to the Letters Patent to be granted for the invention.

Petition for

13. Every such last mentioned petition shall be

accompanied by a specification describing the provisional nature of the invention, and shall also be ac- protection compained by a declaration that the petitioner to be accom- has applied, or intends to apply within three panied by

specification months from the date of such petition, for a and declara - grant of Letters Patent for the said invention tion. in the United Kingdom, and on obtaining the same, to apply for a grant of Lotters Patent in this Colony.

Passed the Legislative Council of Hongkong, this 13th day of August, 1909.

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 13th day of August, 1909.

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