Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 38

Mention of inventor under section 45 of the Ordinance

(Past version on 25/07/1997).
(Past version on 30/06/1997).

Patents generally

(1) A person claiming to be the inventor or a joint inventor of an invention
for which a patent has been granted may apply to the Registrar for a finding
that he is entitled to be mentioned in the patent as the inventor or joint
inventor of the invention in pursuance of section 45(1) of the Ordinance.

(2) Application for a finding under subsection (1), or a request under section
45(2) of the Ordinance for a finding that a person ought not to have been
mentioned in a patent as sole or joint inventor in pursuance of such a
finding, shall—

   (a)  be in the specified form;

   (b)  be accompanied by a copy of the application or request and a statement
        setting out fully the facts relied upon; and (L.N. 402 of 1997; L.N.
        37 of 2004)

   (c)  be accompanied by the prescribed fee.

(3) A person who files an application under subsection (1) or a request under
section 45(2) of the Ordinance shall, at the same time, send a copy of the
application or request and any statement accompanying it to—

   (a)  every person registered as proprietor of the patent other than the
        applicant or person making the request;

   (b)  every person who has been identified in the patent as the inventor or
        a joint inventor of the invention;

   (c)  every person who has been identified in the statement referred to in
        subsection (2)(b) as the inventor or a joint inventor of the
        invention; and

   (d)  every other person who is shown in the register as having a right in
        or under the patent. (L.N. 37 of 2004)

(4) Any recipient of such a copy of an application or request and statement
who wishes to oppose the application or request shall, within 3 months from
the date on which it is sent to him, file a counter-statement.

(5) (a) The counter-statement shall be in the specified form, shall set out
fully the grounds of objection to the application or the request being opposed
and shall be accompanied by the prescribed fee.

   (b)  A person who files a counter-statement shall, at the same time, send a
        copy of it to each of the persons described in this section other than
        any person who is party to the counter-statement. (L.N. 37 of 2004)

(6) The Registrar may give such directions as he may think fit with regard to
the subsequent procedure.