Hong Kong Regulations

PATENTS (GENERAL) RULES - SECT 90

Confidential documents

(Past version on 30/06/1997).

(1) A person filing with, or sending to, the Registrar, a document other than
a document for which a form has been specified under section 150 of the
Ordinance, or any party to any proceedings to which the document relates, may,
within 14 days of the filing or sending of the document, request the Registrar
(giving reasons for the request) to direct that the document or any part of it
specified by him be treated as confidential, and the Registrar may, at his
discretion, so direct; and while the request is being considered by the
Registrar, that document or part of the document (in this section referred to
as the relevant document) shall not be open to public inspection.

(2) Where such a direction has been given and not withdrawn, nothing in this
section shall be taken to authorize or require any person to be allowed to
inspect the relevant document to which the direction relates except by leave
of the Registrar. (L.N. 37 of 2004)

(3) The Registrar shall not withdraw any direction given under this section,
nor shall he give leave for any person to inspect any relevant document to
which a direction which has not been withdrawn relates, without prior
consultation with the person at whose request the direction was given, unless
the Registrar is satisfied that such prior consultation is not reasonably
practicable.

(4) Where such a direction is given or withdrawn a record of the fact shall be
filed with the relevant document to which it relates.

(5) Where the period referred to in subsection (1) is extended under
section 100, the relevant document shall not be, or, if the period is extended
after it has expired, shall cease to be, open to public inspection until the
expiry of the extended period, and if a request for a direction is made the
relevant document shall not be open to public inspection while the matter is
being determined by the Registrar.