Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 41

Registrar's power to revoke patent on grounds of "ordre public" or morality under section 49 of the Ordinance

(Past version on 30/06/1997).

(1) A reference under section 49(1) of the Ordinance to the Registrar of the
question as to whether an invention is a patentable invention having regard to
any of the matters specified in section 93(5) of the Ordinance shall-

   (a)  be in the specified form;

   (b)  be accompanied by a statement setting out fully the reference
sought and the facts upon which the person making the reference ("the
applicant") relies; and

   (c)  be accompanied by the prescribed fee. (L.N. 37 of 2004)

(2) The applicant shall, at the same time as he files the reference, send a
copy of the reference and statement to the proprietor of the patent. (L.N. 37
of 2004)

(3) Within 3 months from the date of the sending of the copy of the reference
and statement, the proprietor of the patent shall, if he wishes to contest the
reference, file a counter-statement which shall-

   (a)  be in the specified form;

   (b)  set out fully the grounds of objection to the reference being opposed;
        and

   (c)  be accompanied by the prescribed fee, and the proprietor shall send a
        copy of the counter-statement to the  applicant. (L.N. 37 of 2004)

(4) The applicant may, within 3 months from the date on which the copy of the
counter-statement is sent to him, file evidence in support of his case and
shall send a copy of the evidence to the proprietor.

(5) Within 3 months from the date of the sending of the copy of the 
applicant's evidence, or, if the applicant does not file any evidence, within
3 months of the expiration of the time within which such evidence might have
been filed, the proprietor of the patent may file evidence in support of his
case and shall send a copy of that evidence to the  applicant; and, within 3
months from the date of the sending of the copy of the proprietor's evidence,
the applicant may file further evidence confined to matters strictly in reply
and shall send a copy of it to the proprietor.

(6) No further evidence shall be filed except by leave or direction of the
Registrar.

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