Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 56

The language of proceedings before the Registrar

(Past version on 30/06/1997).

PART VIII

LANGUAGE OF PROCEEDINGS; AUTHENTIC TEXT

(1) Except as expressly provided in these Rules, where any document or part of
a document which is not in one of the official languages is filed with the
Registrar or sent to the registry in pursuance of the Ordinance or these
Rules, it shall contain a translation into the language of the proceedings,
and such translation shall state the name of the translator and his official
capacity, if any. (L.N. 37 of 2004)

(2) For the purposes of sections 15(3), 23(4) and 113(3) of the Ordinance and
sections 8, 19 and 58 of these Rules-

   (a)  the title of the invention and the abstract, if in one of the official
        languages, shall contain a translation into the other official
        language;

   (b)  the title of the invention and the abstract, if not in one of the
        official languages, shall contain a translation into both official
        languages;

   (c)  the names of the applicant and inventor, if not in the Roman alphabet
        or in Chinese characters, shall contain a transliteration of the same
        in the Roman alphabet. (L.N. 37 of 2004)

(3) For the purposes of sections 15(2)(d), 23(3)(b) and 113(2)(c) of the
Ordinance, if any documents supporting the respective statements under
sections 15(2)(d), 23(3)(b) and 113(2)(c) of the Ordinance are not in one of
the official languages, they shall contain a translation into the language of
the proceedings.

(4) A translation into the language of the proceedings or into one of the
official languages of the designated patent application as referred to in
section 15(2)(a) of the Ordinance will not be required.

(5) A translation into the language of the proceedings or into one of the
official languages of the published specification of the designated patent as
referred to in section 23(3)(a) of the Ordinance will not be required.

(6) Any party in oral proceedings before the Registrar, or any witness or
expert called by any such party to give evidence in such proceedings, may use
in those proceedings a language other than the language of the proceedings if,
and only if-

   (a)  the party gives to the Registrar and any other party notice of his
        intention to do this, and of the language he proposes to use, not less
        than 14 days before the date laid down for the oral proceedings;

   (b)  the party makes such provision for interpretation into the language of
        the proceedings as the Registrar may require;

   (c)  the party complies with any requirement as the Registrar may specify
        as to interpretation of the oral proceedings into the other official
        language and as to the expenses of that interpretation.

(7) Subject to the consent of the parties concerned, the Registrar may in any
proceedings before him, on such terms as he thinks fit, give directions
relating to the use of the official language that is not the language of the
proceedings.

(8) The Registrar may, in respect of any document to be used for the purposes
of evidence in proceedings before the Registrar and which is in a language
other than the language of the proceedings, give directions as to-

   (a)  the filing of the document in that other language;

   (b)  the filing of a translation of the document into the language of the
        proceedings.

(9) The Registrar may specify periods within which any translation of a
document is to be filed or within which information in the official languages
is to be provided; and the Registrar may, upon application by a party to the
proceedings, extend such periods as he may think fit subject to the payment of
a penalty fee.

(10) The Registrar may, on the request of the applicant or proprietor, if he
is satisfied that there is good reason for such request, direct that the
official language which is not being used as the language of the proceedings
for the purposes of section 104 of the Ordinance shall become and shall be
used as the language of the proceedings, and his direction shall have effect
accordingly.