649606-1892-Ordinances-1-to-4-Assented-to — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 2nd APRIL, 1892.

(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 England, 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 Patent 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 evid- ence of all matters directed or authorised by this Ordinance to be inserted therein.

(3.) The record or file of all patents granted under the Ordinances hereby repealed shall be deemed part of the Register of Patents and kept therewith.

8. (1.) Where a person, which term shall include a body corporate becomes entitled by assignment, transmission, or other operation of law, to a patent for which Letters Patent have been granted in this Colony and which Letters Patont are valid and subsisting the Governor in Council shall on request and on proof of title to his satisfaction cause the name of such person to be entered as the proprietor of the patent in the "Register of Patents."

(2.) The person for the time being entered on the "Register of Patents" as the proprietor of a patent shall subject to any rights appearing from such register, or to any prior title duly recorded prior to the passing of this Ordinance, and subject to all equities affecting the same, have power abso- lutely to assign, grant licences as to or otherwise deal with the same and to give effectual receipts for any consideration for such assignment, licence or dealing.

(No. 14 of 1962,

&. 1.)

(No. 6 of 1800.)

Petition, specification and decla- ration to be filed in offe of Colonial Secretary and to be advertised. (Ibid, s. 2.)

Governor in Council to grant Letters Tatent. (Tbid, s. 3 und No. 5 of 1890.)

Effects of such grant. (No. 14 of 1862,

s. 4.)

When and how Letters Patent may be granted for an extended period. (find, s. 5.)

Register of Patents.

Registration of assign- menta, &c.

273

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