Hong Kong Ordinances

PATENTS ORDINANCE - SECT 5

Meaning of "published"

(1) In this Ordinance, unless the context otherwise requires-

        (a)	"published" (發表) means made available to the public (whether in 
Hong Kong or elsewhere); and

   (b)  a document shall be taken to be published under any provision of this
        Ordinance if it can be inspected as of right at any place in Hong Kong
        by members of the public, whether on payment of a fee or not.

(2) Without prejudice to subsection (1), and unless the context otherwise
requires, a reference in this Ordinance-

   (a)  to the grant of a standard patent being published is a reference to
        its being published under section 27;

   (b)  to a request to record being published is a reference to its being
        published under section 20;

   (c)  to a designated patent being published is a reference to its being
        published by the designated patent office by which the patent was
        granted for the purposes of the law of that office relating to
        applications for and the granting of patents;

   (d)  to a designated patent application being published is a reference-

        (i)    except as provided in subparagraph (ii), to its being published
               by the designated patent office in which the application was
               made;

        (ii)   in the case of a designated patent application based on an
               international application, to the international application
               being published by the International Bureau under the
               Patent Cooperation Treaty, or by the designated patent office
               in which the application was made, whichever is the earlier;

   (e)  to a short-term patent being published is a reference to its being
        published under section 118.

"published" (發表)