WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPIN/IIHKGIP/3 
20 March 2000 
(00-1133) 
Original: English/ 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
HONG KONG, CHINA 
The present document reproduces the textl of the Patents (General) Rules, as notified by 
Hong Kong, China under Article 63.2 of the Agreement (see document IP/N/1/HKG/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
HONG KONG, CHINE 
Le present document contient le textel des Regles relatives aux brevets (dispositions 
generales), notifiees par Hong Kong, Chine au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/lIHKG/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PA.RRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
HONG KONG, CHINA 
En el presente documento se reproduce el texto1 del Reglamento (General) de Patentes, 
notificado por Hong Kong, China en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/lIHKG/2). 
1 In English only'/En anglais seulement.!En ingles solamente. IP/N/1/HKG/P/3 
Page 2 
Chapter: 514C 
(L.N. 339 of 1997) 
Chapter: 514C 
Section: 1 
(Omitted as spent) Title: 
Heading: 
Title: 
Heading: PATENTS (GENERAL) 
RULES 
Empowering section 
(Cap 514 section 149) 
PATENTS (GENERAL) 
RULES 
(Omitted as spent) 
PART I 
PRELIMINARY Gazette Number: 
Version Date: 30106/1997 
[27 June 1997] (L.N. 367 of 1997) 
Gazette Number: 
Version Date: 30106/1997 S!4e TitLe: 
Section: 2 Heading: PATENTS (GENERAL) 
RULES 
Interpretation Version Date: IP/NIlIHKG/P/3 
Page 3 
30/0611997 
(1) In these Rules, unless the context otherwise requires­
"application number" means-
(a) in relation to an application for a designated patent or a patent granted in pursuance of such 
an application, the number assigned by the designated patent office upon the filing of that 
application; 
(b) in relation to an application for a patent under the Ordinance or a patent granted in 
pursuance of such an application, the number assigned by Registrar upon the filing of that 
application; 
"Chinese Patent Office" means the office established under the laws of the People's 
Republic of China for the granting of patents for inventions; 
"European Patent Office" means the office of that name of the European Patent 
Organization established by the Convention on the Grant of European Patents done at Munich on 5 
October 1973; 
"International Patent Classification" means the system of common classification for 
patents for inventions provided for under the Agreement concerning the International Patent 
Classification done at Strasbourg on 24 March 1971; 
"publication number" means-
(a) in relation to a document published under the Ordinance, the number assigned to the 
document by the Registrar upon its publication; 
(b) in relation to a document published under the laws of a patent office outside Hong Kong or 
under any international convention, the number assigned to the document upon its 
publication by that patent office or under that convention; 
"send" includes give; 
"United Kingdom Patent Office" means the office established under the laws of the 
United Kingdom for the granting of patents for inventions. 
(2) In these Rules-
(a) reference to something being filed at a place or with a person is to be construed as reference 
to-
(i) its being sent to that place or person; 
(ii) its being made or left at that place or given or made to or left with that person; or 
(iii) that person being furnished with it; 
(b) reference to the filing of anything without an indication of the place at which or person with 
whom it is to be filed is to be construed as reference to its being filed with or sent or 
delivered to the Registrar at the registry; 
(c) reference to a document in any proceedings before the Registrar being in the specified form 
is to be construed as a reference to the document being in such form, if any, as may be 
specified by the Registrar under section 150 of the Ordinance in connection with those 
proceedings. IP/N/1/HKG/P/3 
Page 4 
Chapter: 514C 
3 H~ing: PATENTS (GENERAL) 
RULE$ Gaz~{.te Number: 
Referenceslo thei{egistnll' V ersiol1 Dat~; 
tinder s«:tion 13{l)(a) af the 
·Oidinanc.e 
PART 11 
APPLICATIONS FOR STANDARD PATENTS 
Right to apply 3{)/06!I997 
(1) A reference to the Registrar under section 13(1)(a) of the Ordinance shall­
(a) be in the specified fonn and be filed in duplicate; 
(b) be accompanied by a statement in duplicate setting out fully the nature of the question being 
referred, the facts upon which the person making the reference relies and the order or other 
relief sought; and 
(c) be accompanied by the prescribed fee. 
(2) The Registrar shall send a copy of the reference and statement-
(a) to any person (other than the person referred to in subsection (1)) alleged in the reference to 
be entitled to apply for a standard patent for the invention; and 
(b) in addition, where an application has been made for a standard patent for the invention, to-
(i) any person, not being a party to the reference, who is shown in the register as having a 
right in or under the application for a standard patent; 
(ii) where the application for the standard patent has not been published, any person (not 
being a party to the reference) who is an applicant for the standard patent or has given 
notice to the Registrar under section 46 of a transaction, instrument or event in relation 
to the application; and 
(iii) every person who has been identified in the application for the standard patent as 
believed to be the inventor or joint inventor of the invention. 
(3) Any person who is sent a copy of the reference and statement under subsection (2) and who 
wishes to oppose the making of the order or the granting of the relief sought ("the opponent") shall, within 3 
months from the date on which the copies are sent to him, file a counter-statement setting out fully the 
grounds of his opposition. 
(4) ( a) The counter-statement shall be in the specified form, shall be filed in duplicate and shall be 
accompanied by the prescribed fee. 
(b) The Registrar shall send a copy of the counter-statement to the person making the reference 
and to those recipients of the copy of the reference and statement who are not party to the 
counter-statement. 
(5) The person making the reference or any recipient of a copy of the counter-statement 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 so filed to-
( a) the opponent; and 
(b) in addition, in the case of evidence filed by such a recipient, the person making the 
referehce. 
(6) Within 3 months from the date on which the copy of such evidence is sent to him or, if no such 
evidence is filed, within 3 months from the expiry of the time within which it might have been filed, the 
opponent may file evidence in support of his case and shall send a copy of the evidence so filed to the 
person making the reference and those recipients. 
(7) Within 3 months from the date on which the copy of the opponent's evidence is sent to him, that 
person or any of those recipients may file further evidence confined to matters strictly in reply and shall 
send a copy of it to the persons mentioned in subsection (5)(a) and (b). 
(8) No further evidence shall be filed except by leave or direction of the Registrar. IP/N/I/HKG/P/3 
Page 5 
(9) The Registrar may give such directions as he may think fit with regard to the subsequent 
procedure. 
Chapter: 514C Title: 
Section: 4 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
References by joint Version Date: 
proprietors under section 
13(1)(b) ofthe Ordinance 30106/1997 
(1) A reference to the Registrar under section 13(1)(b) of the Ordinance shall­
(a) be in the specified form and be filed in duplicate; 
(b) be accompanied by a statement in duplicate setting out fully the nature of the question being 
referred, the facts relied upon by the joint proprietor making the reference and the order 
sought; and 
(c) be accompanied by the prescribed fee. 
(2) The Registrar shall send a copy of the reference and statement-
(a) to each joint proprietor who is not a party to the reference and who has not otherwise 
indicated his consent to the making of the order sought; and 
(b) in addition, in a case where an application has been made for a standard patent for the 
invention, to-
(i) any person to whom it is alleged in the reference any right in or under any application 
for a standard patent should be transferred or granted; 
(ii) any person, not being a party to the reference, who is shown in the register as having a 
right in or under the application for a standard patent; 
(iii) where the application for a patent has not been published, any person (not being a 
party to the reference) who has given notice to the Registrar under section 46 of a 
relevant transaction, instrument or event; and 
(iv) every person who has been identified in the application for a standard patent as 
believed to be the inventor or joint inventor of the invention. 
(3) Any person who receives a copy of the reference and statement and who wishes to oppose the 
making of the order sought shall, within 3 months from the date on which the copies are sent to him, file a 
counter-statement setting out fully the grounds of his opposition. 
(4) (a) The counter-statement shall be in the specified form, shall be filed in duplicate and shall be 
accompanied by the prescribed fee. 
(b) The Registrar shall, as appropriate, send a copy of any counter-statement to each joint 
proprietor who is a party to the reference and to any person to whom a copy of the 
reference and statement were sent pursuant to subsection (2). 
(5) Any person who receives a copy of the counter-statement may, within 3 months from the date 
on which the copies are sent to him, file evidence in support of his case and shall send a copy of the 
evidence so filed to the joint proprietor making the reference and to each person who has filed a 
counter-statement. 
(6) Any person entitled to receive a copy of the evidence filed under subsection (5) may, within 3 
months from the date on which the copy is sent to him or, if no such evidence is filed, within 3 months from 
the expiry of the time within which it might have been filed, file evidence in support of his case and shall 
send the copy of the evidence so filed to each of the other parties mentioned in subsection (4)(b). 
(7) Any person who receives a copy of the evidence filed under subsection (6) may, within 3 months 
from the date on which the copy is sent to him, file further evidence confined to matters strictly in reply and 
shall, as appropriate, send a copy ofthe evidence so filed to the parties mentioned in subsection (4)(b). 
(8) No further evidence shall be filed except by leave or direction of the Registrar. 
(9) The Registrar may give such directions as he may think fit with regard to the subsequent 
procedure. IP/N/lIHKG/P/3 
Page 6 
Chapter: 514C Title: 
Section: 5 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Orders under section 13 of Version Date: 
the Ordinance 30106/1997 
(1) Where an order is made as is mentioned in section 14(2) of the Ordinance, the Registrar shall 
notify all original applicants and their licensees of whom he is aware of the making of the order. 
(2) A request under section 14(3) of the Ordinance shall be made-
Chapter: 
Section: (a) in the case of a request by the original applicant or any of the original applicants, within 2 
months from the date on which a notification is sent to him under subsection (1); or 
(b) in the case of a request by a licensee, within 4 months from the date on which a notification 
is sent to him under subsection (1). 
514C Title: 
6 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Authorization under section Version Date: 
13(5) of the Ordinance 30106/1997 
(1) An application under subsection (5) of section l3 of the Ordinance for authority to do anything 
on behalf of a person to whom directions have been given under subsection (3)(c) or (4) of that section 
shall-
Ca) be in the specified form and be filed in duplicate; 
(b) be accompanied by a statement in duplicate setting out fully the facts upon which the 
applicant relies and the nature of the authorization sought; and 
(c) be accompanied by the prescribed fee. 
(2) The Registrar shall send a copy of the application and statement to the person alleged to have 
failed to comply with the directions. 
(3) The Registrar may give such directions as he may think fit with regard to the subsequent 
procedure. Chapter: $14C Title: PATENTS (QENFRAL) 
RULES 
lW(etec~(:~l6Jhe R~gt<;tt~rY~fSro~lnate~ 
Ilndersed~()~ 14(5)ofttie 
Ordinance IP/NIlIHKG/P/3 
Page 7 
30J06{1997 
(1) Where, following the making of an order as is mentioned in subsection (2) of section 14 of the 
Ordinance, a question is referred to the Registrar under subsection (5) of that section as to whether any 
person is entitled to be granted a licence or whether the period or terms of a licence are reasonable, the 
reference shall-
(a) be in the specified form and be filed in duplicate; 
(b) be accompanied by a statement in duplicate setting out fully the facts upon which the person 
making the reference relies and the period and terms of the licence which he is prepared to 
accept or grant; and 
(c) be accompanied by the prescribed fee. 
(2) The Registrar shall send a copy of the reference and statement to every person in whose name 
the application is to proceed or, as the case may be, every person claiming to be entitled to be granted a 
licence, in either case not being a person who makes the reference. 
(3) If any recipient of the reference and statement does not agree to grant or accept the licence for 
such period and upon such terms as are set out in the statement, he shall, within 3 months from the date on 
which the copies are sent to him, file a counter-statement setting out fully the grounds of his objection. 
(4) (a) The counter-statement shall be in the specified form, shall be filed in duplicate and shall be 
accompanied by the prescribed fee. 
(b) The Registrar shall send a copy of the counter-statement to the person making the 
reference. 
(5) The Registrar may give such directions as he may think fit with regard to the subsequent 
procedure. IP/N/l/HKG/P/3 
Page 8 
Title: 
Heading: PAT£NTS.(Q~RAL) 
RULES 
Requ~~t:tofe~6ro·a Version If<tte: 
oesign#ted.patent 
applicatinu unoersectitln 
15 of the Ordinance 
Request to record a designated patent application 30/06!1997 
(1) A request to record a designated patent application under section 15 of the Ordinance (or, in the 
case of a designated patent application that is the national phase of an international application under the 
Patent Cooperation Treaty, under that section as applied by section 16 of the Ordinance) shall be in the 
specified form. 
(2) Further to section 15(2) of the Ordinance (including that section as applied by section 16 of the 
Ordinance )-
(a) the documents required under paragraph (a) of that subsection-
(i) shall be filed in duplicate, and one of those duplicate copies shall be in loose leaf form 
in accordance with section 12 of these Rules; 
(ii) shall be exempted from any requirement under section 104(1) of the Ordinance to be 
filed in one of the official languages; 
(b) the documents prescribed for the purposes of paragraph (d) of that subsection are those 
mentioned in section 9 of these Rules; 
(c) the following particulars shall be set out in the request-
(i) the date of filing of the designated patent application; 
(ii) the title of the invention; 
(iii) the application number of the designated patent application; 
(iv) the publication number, and date of publication, of the designated patent application; 
(d) if the designated patent application is the national phase of an international application, the 
following particulars shall be set out on the request-
(i) the application number of the international application; 
(ii) the filing date ofthe international application; 
(iii) the date of publication of the international application by the International Bureau and 
its publication number; 
(iv) the date of publication of the international application in the designated patent office 
indicating that the application has validly entered its national phase; 
(v) in the case of an international application designating the Chinese Patent Office as 
published by the International Bureau in the Chinese language, the date of the issuance 
of the National Application Notification by the 
Chinese Patent Office; 
(e) in the case of a request to record a divisional designated patent application as provided for in 
section 22 of the Ordinance or a request to record in a new application made pursuant to an 
order under section 55(4) of the Ordinance, the following particulars in relation to the earlier 
application for a standard patent shall be set out in the request to record-
(i) the application number of the earlier application; 
(ii) the filing date of the earlier application; 
(iii) the date of publication of the request to record of the earlier application; 
(t) the request shall contain such translations of documents and transliteration of names as may 
be required under section 56 of these Rules; 
(g) the request shall contain a list of the documents comprising the request to record and an 
indication of the number of sheets of each such document. Chapter: 514C Title: 
Section: 9 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Documents supporting Version Date: 
statement of derivation of 
entitlement to apply IPIN/1/HKG/P/3 
Page 9 
30106/1997 
For the purposes of section 15(2)(d) of the Ordinance, the following documents are prescribed in 
relation to an applicant's statement explaining his entitlement to apply for the grant of a patent-
Chapter: 
Section: (a) where the statement under that section indicates that the applicant for a standard patent is 
the successor in title to the person named in the designated patent application as applicant-
(i) certified copies of such documents as establish the transfer, assignment or mortgage of 
the rights under the designated patent application in Hong Kong from that person to 
the applicant for a standard patent; or 
(ii) in the absence of any such document in relation to a particular transfer, assignment or 
mortgage, a statement signed by the transferor, assignor or mortgagor confirming the 
fact of the transfer or assignment or mortgage; 
(b) where the statement indicates that the applicant for a standard patent, not being a person 
specified in paragraph (a), is the inventor of the invention who is entitled to the property in 
the invention in Hong Kong, such documents as establish that entitlement; 
(c) where the statement indicates that the applicant for a standard patent is the successor in title 
to the person specified in paragraph (b), the documents specified in that paragraph and, in 
addition-
(i) such documents as evidence the transfer or assignment or mortgage (whether by a 
single such transaction or by a number of such transactions) of the property in the 
invention in Hong Kong from the inventor of the invention to the applicant; 
(ii) in the absence of any such document in relation to a particular transfer, assignment or 
mortgage, a statement signed by the transferor, assignor or mortgagor confirming the 
fact of the transfer, assignment or mortgage. 
514C Title: PATENTS (GENERAL) Gazette Number: 
RULES 
10 Heading: Details relating to the Version Date: 30106/1997 
previous disclosure of the 
invention 
For the purposes of the statement required under section 15(2)(f) of the Ordinance, the following 
details relating to the previous disclosure of the invention are prescribed-
(a) the name and place of the exhibition or meeting referred to in section 55 of these Rules at 
which the invention was first disclosed; 
(b) the opening date of such exhibition or meeting; 
(c) if the first disclosure of the invention did not take place on the opening date of such 
exhibition or meeting, the date of such first disclosure. IP/N/1IHKG/P/3 
Page 10 
Chapter: 514C 
Section: 11 Title: 
Heading: PATENTS (GENERAL) 
RULES 
Period of grace Gazette Number: 
Version Date: 30/0611997 
If the filing fee or advertisement fee payable under section 15(4) of the Ordinance has not been paid 
within the time provided for in that subsection, it may still be validly paid within a period of grace of 1 
month after the sending by the Registrar to the applicant of a communication pointing out the failure to 
observe the time limit if, and only if, within this period an additional prescribed fee is paid. 
Chapter: 514C Title: 
Section: 12 Heading: PATENTS (GENERAL) 
RULES 
Size and presentation of 
documents Gazette Number: 
Version Date: 30/0611997 
(1) All documents making up a request to record shall be so presented as to permit of-
(a) direct reproduction by photography, photocopying, photo offset and micro-filming, in an 
unlimited number of copies; 
(b) the scanning of the document by a device capable of capturing an image of the document 
and converting that image into a form suitable for storing on and retrieval by a computer. 
(2) All sheets of the documents making up a request to record shall be free from cracks, creases and 
folds; and only one side of the sheet shall be used. 
(3) All documents shall be on A4 paper (29.7 cm x 21 cm) which shall be pliable, strong, white, 
smooth, matt and durable. 
(4) Each of the documents shall commence on a new sheet; and the sheets shall be connected in 
such a way that they can easily be turned over, separated and joined together again. 
(5) The minimum margins shall be as follows-
top 2.0 cm 
left side 2.5 cm 
right side 
bottom 2.0 cm 
2.0 cm 
and the recommended maximum for the margins quoted above is as follows-
top 4.0 cm 
left side 
right side 
bottom 4.0 cm 
3.0 cm 
3.0 cm 
(6) The margins of each of the documents, when submitted, must be completely blank. 
(7) All the sheets contained in the documents shall be numbered in consecutive Arabic numerals; and 
such numbering shall be placed at the top of the sheet, in the middle, but not in the top margin. 
(8) Every document (other than drawings) shall be typed or printed in a dark, indelible colour in at 
least 1 112 line spacing and in characters of which the capital letters, where appropriate, are not less than 
0.21 cm height, except that-
(a) the request to record may be completed in writing; and 
(b) graphic symbols and characters and chemical and mathematical formulae may be written or 
drawn, in a dark indelible colour. 
(9) All documents shall be reasonably free from deletions and other alterations, overwritings and 
interlineations and shall, in any event, be legible. 
(10) The Registrar may exempt any document from compliance with any of the provisions of this 
section, if the authenticity of the content is not in question and the requirements for good reproduction are 
not in jeopardy or in such other circumstances as he may think fit. Chapter: 514C Title: 
Section: 13 Heading: PATENTS (GENERAL) 
RULES 
Form of statements, 
counter-statements and 
evidence Gazette Number: 
Version Date: IP/N/lIHKG/P/3 
Page 11 
3010611997 
Any statement, counter-statement or evidence filed shall, unless the Registrar otherwise directs, 
comply with the requirements of section 12(1) and (3), except that both sides of the sheet may be used in 
the case of statutory declarations and evidence. 
Chapter: 514C Title: 
Section: 14 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Issue of receipt by Registrar Version Date: 30106/1997 
On first receipt of any of the documents comprising a request to record the Registrar shall-
(a) mark the documents with the date of their receipt by him and assign a number to the 
proceedings; and 
(b) issue to the applicant a receipt which shows the number so assigned, the nature and number 
of the documents received and the date of their receipt. IP/N/1/HKG/P/3 
Page 12 
Chapter: 514C Title: 
Section: 15 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Date of publication of the Version Date: 
designated patent 
application based on an 
international application 
under section 16 of the 
Ordinance 3010611997 
(1) For the purposes of section 15(1) of the Ordinance, and despite section 5(2)(d)(ii) of the 
Ordinance, the date of publication of the designated patent application based on an international application 
under section 16 of the Ordinance shall be-
(a) in the case of an international application designating the European Patent Office, the date of 
publication by the European Patent Office in its Bulletin of the relevant bibliographical data 
showing that the international application has entered the national phase in the European 
Patent Office; 
Cb) in the case of an international application designating the United Kingdom Patent Office, the 
date of publication by the United Kingdom Patent Office in its Official Journal (Patents) of 
the relevant bibliographical data showing that the international application has entered the 
national phase in the United Kingdom Patent Office; 
(c) in the case of an international application designating the Chinese Patent Office as published 
by the International Bureau other than in the Chinese language, the date of publication by 
the Chinese Patent Office in its Patent Gazette of the relevant bibliographical data showing 
that the international application has entered the national phase in the Chinese Patent Office. 
(2) (a) For the purposes of section 15(1) of the Ordinance, and despite section 5(2)(d)(ii) of the 
Ordinance, the other date as referred to in section 16(a)(ii) of the Ordinance which is 
applicable to the case of an international application designating the Chinese Patent Office as 
published by the International Bureau in the Chinese language is any date within 6 months 
after the date of the issuance of the National Application Notification 
Chapter: 
Section: by the Chinese Patent Office. 
(b) An application made within the date as set out in paragraph Ca) shall be accompanied by a 
copy of the National Application Notification. 
514C Title: 
16 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Communication following Version Date: 
examination on filing under 
section 17 of the Ordinance 30/06/1997 
(1) If a request to record fails to meet any of the requirements laid down in section 17 of the 
Ordinance, the Registrar shaH communicate the disclosed deficiencies to the applicant and inform him that 
the request to record will not be dealt with as an application for a standard patent unless he remedies the 
disclosed deficiencies within 1 month of the date of the communication. 
(2) If the applicant remedies the disclosed deficiencies within that period he shall be informed of the 
date of filing accorded to the request to record. Chapter: 514C Title: 
Section: 17 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Rectification of deficiencies Version Date: 
in request documents IP/NIlIHKG/P/3 
Page 13 
30106/1997 
(1) If on examination of a request to record under section 19(1) of the Ordinance he notes that there 
are deficiencies in the request which may be corrected, the Registrar shall inform the applicant by notice 
accordingly and shall invite him to remedy the deficiencies within a period of 2 months from the date of 
such notice. 
(2) The Registrar may, upon request by the applicant presented before the expiry of such period and 
payment of the prescribed fee, grant an extension of that period for a further 2 months. 
(3) If in any particular case the Registrar is satisfied that the applicant's failure to remedy the 
deficiencies within the period allowed under subsection (1) or (2) was wholly or mainly attributable to-
(a) a failure or undue delay in the postal services in Hong Kong or in the country, territory or 
area of the designated patent office; or 
(b) any natural disaster or strike in Hong Kong or in the country, territory or area of the 
designated patent office, 
the Registrar may grant such further extension of that period, not exceeding 2 months, as he considers 
reasonable. 
(4) If the only deficiency in the request to record after the expiry of the periods specified in 
subsections (1), (2) and (3) (as may be applicable) is the failure to file a translation of the title of invention 
or abstract as referred to in section 56(2)(a) and (b) or a transliteration of the names of the applicant or 
inventor as referred to in section 56(2)(c), the Registrar may, on the request of the applicant, allow for a 
specified period within which the applicant may make good that deficiency on the payment of a penalty fee. 
Chapter: 514C Title: 
Section: 18 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Request to record divisional Version Date: 
designated patent 
application under section 
22 of the Ordinance 30106/1997 
(1) A request to record a divisional designated patent application ("new request to record") under 
section 22(1) of the Ordinance shall, except as mentioned below, be filed in accordance with section 15(2) 
of the Ordinance. 
(2) The relevant provisions of the Ordinance or these Rules concerning the filing date and 
compliance with the formalities shall be considered on the basis of the actual date of filing of the new 
request to record and'not on the basis of the date of filing of the earlier request to record. 
(3) The provisions of sections 8 to 17 shall apply as if references in those sections to a designated 
patent application are references to a divisional designated patent application. 
(4) Where possible, the description and drawings of the earlier request to record and the new request 
to record shall respectively relate only to the matter for which protection is sought by that request to record; 
however where it is necessary for a request to record to describe the matter for which protection is sought 
by reference to another request to record, such reference shall include the application number assigned to 
that other request to record and shall indicate the matter for which protection is claimed in the other request 
to record. IP/N/lIHKG/P/3 
Page 14 
Chapter: 514C Title: 
Section: 19 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Request for registration of Version Date: 
designated patent and grant 
of patent under section 
23(1) of the Ordinance 
Request for registration and grant 3010611997 
(1) A request to register a designated patent and grant a patent for the invention shown in the 
specification of the designated patent under section 23(1) of the Ordinance shall be in the specified form and 
be signed by the applicant. 
(2) Further to section 23(3) of the Ordinance-
(a) a copy of the document required under section 23(3)(a) of the Ordinance shall be filed in 
loose leaf form; 
(b) the documents prescribed for the purposes of paragraph (b) of that subsection are those 
mentioned in section 20 of these Rules; 
(c) the request shall also state-
(i) the publication number, application number and date of publication of the request to 
record; 
(ii) the title of the invention; 
(iii) the date of grant and publication number of the designated patent; 
(d) the request shall contain such translation of documents and transliteration of names as may 
be required under section 56 of these Rules; 
(e) the request shall contain a list of the documents comprising the request to register and an 
indication of the number of sheets of each such document. 
(3) The provisions of section 12 apply in relation to a request to register a designated patent and the 
grant of a patent under this section as they apply in relation to a request to record a designated patent 
application, 
Chapter: 514C Title: 
Section: 20 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Documents supporting Version Date: 
statement of derivation of 
entitlement to apply 30106/1997 
For the purposes of section 23(3)(b) of the Ordinance, the documents to be filed in support of an 
applicant's statement 'explaining his entitlement to apply for the grant of a patent are such documents as 
suffice to establish that entitlement as set out in the statement. Chapter: 514C Title: 
Section: 21 Heading: PATENTS (GENERAL) 
RULES 
Period of grace Gazette Number: 
Version Date: IPINIlIHKG/P/3 
Page 15 
30/0611997 
If the filing fee or advertisement fee payable under section 23(5) of the Ordinance has not been paid 
within the time provided for in that subsection, it may still be validly paid within a period of grace of 1 
month after the sending by the Registrar to the applicant of a communication pointing out the failure to 
observe the time limit if, and only if, within this period an additional prescribed fee is paid. 
Chapter: 514C Title: 
Section: 22 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Issue of receipt by Registrar Version Date: 30/0611997 
On first receipt of any of the documents comprising a request for registration and grant, the Registrar 
shall-
Chapter: 
Section: (a) mark the documents with the date of their receipt by him; and 
(b) issue to the applicant a receipt which shows the application number assigned to the matter 
under section 14(b), the nature and number of the documents received and the date of 
receipt. 
514C Title: 
23 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Communication following Version Date: 
examination on filing under 
section 25(1) of the 
Ordinance 30/0611997 
(1) If a request for registration and grant fails to meet any of the requirements laid down in section 
24(1) of the Ordinance, the Registrar shall communicate the disclosed deficiencies to the applicant and 
inform him of the consequences provided under section 25(3)(b) of the Ordinance in the event of a failure 
to remedy those deficiencies within 1 month of the date of the communication. 
(2) Tfthe applicant remedies the disclosed deficiencies within that period, he shall be informed of the 
date of filing accorded to the request for registration and grant. IP/N/1/HKG/P/3 
Page 16 
Chapter: 514C Title: 
Section: 24 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Rectification of deficiencies Version Date: 
in request documents 30/0611997 
(1) If on examination of a request for registration and grant under section 26( 1) of the Ordinance he 
notes that there are deficiencies in the request which may be corrected, the Registrar shall inform the 
applicant by notice accordingly and shall invite him to remedy the deficiencies within a period of 2 months 
from the date of such notice. 
(2) The Registrar may, upon request by the applicant presented before the expiry of such period and 
payment of the prescribed fee, grant an extension of that period for a further 2 months. 
(3) If in any particular case the Registrar is satisfied that the applicant's failure to remedy the 
deficiencies within the period allowed under subsection (1) or (2) was wholly or mainly attributable to-
(a) a failure or undue delay in the postal services in Hong Kong or in the country, territory or 
area of the designated patent office; or 
(b) any natural disaster or strike in Hong Kong or in the country, territory or area of the 
designated patent office, 
the Registrar may grant such further extension of that period, not exceeding 2 months, as he considers 
reasonable. 
(4) If the only deficiency in the request for registration and grant after the expiry of the periods 
specified in subsections (1), (2) and (3) (as may be applicable) is the failure to file a translation of the title of 
invention as referred to in section 56(2)(a) and (b) or a transliteration of the names of the applicant or 
inventor as referred to in section 56(2)(c), the Registrar may, on the request of the applicant, allow for a 
specified period within which the applicant may make good that deficiency on the payment of a penalty fee. 
Chapter: 514C Title: 
Section: 25 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Notice requesting Version Date: 
reinstatement of an 
application under section 
28 ofthe Ordinance 30106/1997 
A notice under section 28 of the Ordinance requesting reinstatement of an application for a standard 
patent shall be in the specified form and shall be accompanied by the additional prescribed fee. Chapter: 514C Title: 
Section: 26 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Application for restoration Version Date: 
of rights under section 29 of 
the Ordinance IP/N/1/HKG/P/3 
Page 17 
30106/1997 
An application under section 29 of the Ordinance for restoration of rights lost in relation to an 
application for a standard patent shall be in the specified form and shall be accompanied by the additional 
prescribed fee. 
Chapter: 
Section: 514C Title: PATENTS (GENERAL) 
RULES Gazette Number: 
27 Heading: Amendment of application Version Date: 
for standard patent under 
section 31 of the Ordinance 
PARTIII 3010611997 
PROVISIONS AS TO APPLICATIONS FOR STANDARD PATENTS 
BEFORE GRANT 
(1) Any amendment under section 31 of the Ordinance to an application for a standard patent shall 
be made by way of application to the Registrar in the specified form. 
(2) An application for amendment-
(a) shall clearly identify the proposed amendment and state the reasons for it; or 
(b) in the case of amendment to which section 31 (2) of the Ordinance applies, shall be 
accompanied by a verified copy of the amendment made to the corresponding designated 
patent application and, where appropriate, a prescribed translation of that amendment. IP/N/1/HKG/P/3 
Page 18 
Chapter: 514C Title: 
Section: 28 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Maintenance of application Version Date: 
for standard patent under 
section 33 of the Ordinance 30106/1997 
(1) An application to maintain an application for a standard patent under section 33 of the Ordinance 
shall be in the specified form and be signed by the applicant. 
(2) Where the period specified in section 33(2) of the Ordinance for the making of a maintenance 
application in respect of a patent application has expired, the Registrar shall, not later than 6 weeks after the 
last date for making the maintenance application under that subsection and if the maintenance fee specified 
in that subsection remains unpaid, send to the applicant of the patent application a notice informing him that 
the period for making a maintenance application has expired and of the consequences of not making such an 
application and paying the fees specified in section 33(4) of the Ordinance. 
(3) Notice under subsection (2) shall be directed to-
(a) the address specified by the applicant of the maintenance application on payment of the last 
maintenance fee; or 
(b) where another address has been notified to him for that purpose by the applicant of the 
maintenance application since the last maintenance, that address, 
or, in any other case, the address for service entered in the register. 
Chapter: 514C Title: 
Section: 29 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Rectification of deficiencies Version Date: 
and removal of doubts in 
maintenance documents 30/061l997 
(1) If the Registrar-
(a) notes deficiencies in a maintenance application under section 33(2) of the Ordinance; or 
(b) has reason to doubt the veracity of any statement in the maintenance application, 
he shall communicate those deficiencies or doubts to the applicant and inform him that the maintenance 
application shall be refused unless the applicant remedies the deficiencies or removes the doubts within a 
period of 2 months from the date of such communication. 
(2) The Registrar may, upon request by the applicant presented before the expiry of such period and 
payment of the prescribed fee, grant an extension of that period for a further 2 months. 
(3) If in any particular case the Registrar is satisfied that the applicant's failure to remedy the 
deficiencies or remove the doubts within the period allowed under subsection (1) or (2) was wholly or 
mainly attributable to-
(a) a failure or undue delay in the postal services in Hong Kong or in the country, territory or 
area of the designated patent office; or 
(b) any natural disaster or strike in Hong Kong or in the country, territory or area of the 
designated patent office, 
the Registrar may grant such further extension of that period, not exceeding 2 months, as he considers 
reasonable. 
(4) If, upon consideration of the statements contained in a maintenance application, the Registrar is 
not satisfied that a case for maintenance under section 33 of the Ordinance has been made out, he shall 
notify the applicant accordingly and, unless within 1 month the applicant requests to be heard in the matter, 
the Registrar shall refuse the application. 
(5) If the applicant requests a hearing within the time allowed, the Registrar shall, after giving the 
applicant an opportunity of being heard, determine whether the maintenance application shall be allowed or 
refused. Chapter: 514C Title: 
Section: 30 Heading: PATENTS (GENERAL) 
RULES 
Notification of deemed 
withdrawn application for 
standard patent Gazette Number: 
Version Date: IP/N/1/HKG/P/3 
Page 19 
30/06/1997 
Where-
(a) an application for a standard patent has been deemed to be withdrawn and abandoned 
because a maintenance fee has not been paid within the period specified in section 33(2) and 
(3) of the Ordinance; and 
(b) the extended period specified in section 33(4) of the Ordinance has expired without the 
maintenance fee and prescribed additional fee having been paid, 
the Registrar shall, within 6 weeks after the expiration of the extended period, notify the applicant of the 
standard patent of the fact and draw his attention to the provisions of section 34 of the Ordinance. 
Chapter: 514C Title: 
Section: 31 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Restoration of application Version Date: 
for standard patent under 
section 34 of the Ordinance 30/06/1997 
(1) An application to restore an application for a standard patent under section 34 of the Ordinance 
shall be in the specified form and be signed by the applicant. 
(2) The restoration application shall contain statements by the applicant in relation to matters relevant 
to the restoration of the application for a standard patent including, but without limiting those matters, 
statements indicating whether at the date of the restoration application-
(a) the designated patent application is still valid or has been withdrawn; and 
(b) a patent has been granted in pursuance of that designated patent application and, if granted, 
the time for filing a request to register the designated patent and grant a patent under section 
23 of the Ordinance has expired. 
(3) If, upon consideration of the statements, the Registrar is not satisfied that a case for an order 
under section 34 of the Ordinance has been made out, he shall notify the applicant accordingly and, unless 
within 1 month the applicant requests to be heard in the matter, the Registrar shall refuse the application. 
(4) If the applicant requests a hearing within the time allowed, the Registrar shall, after giving the 
applicant an opportunity of being heard, determine whether the application shall be allowed or refused. 
(5) If the Registrar decides to allow the application, he shall notify the applicant accordingly and 
require him, within 2 months after the date on which the notification is sent to him, to file an application in 
the form specified for the purposes of section 33(2) of the Ordinance, duly completed, accompanied by any 
unpaid maintenance fee and any additional fee prescribed for the purposes of section 33(4) of the 
Ordinance, upon receipt of which the Registrar shall order the restoration of the application for standard 
patent and shall advertise the fact of such order in the Gazette. IP/NIIIHKG/P/3 
Page 20 
Chapter: 514C 
Section: 32 Title: 
Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Renewal of standard patents Version Date: 
PART IV 
PROVISIONS AS TO PATENTS AFTER GRANT 
Standard patents 30106/1997 
(1) Payment of the renewal fee prescribed for the purposes of section 39(2) of the Ordinance shall 
be made by filing a request for renewal in the specified form accompanied by the renewal fee. 
(2) On receipt of the request for renewal duly completed and renewal fee, the Registrar shall issue a 
confirmation of payment. 
(3) Where the period for payment of a renewal fee pursuant to section 39(2) and (3) of the 
Ordinance has expired, the Registrar shall, not later than 6 weeks after the last date for payment under that 
section and if the fee still remains unpaid, send to the proprietor of the standard patent a notice reminding 
him that payment is overdue and of the consequences of non-payment. 
(4) Notice to a proprietor under subsection (3) shall be sent to-
(a) the address in Hong Kong specified by the proprietor on payment of the last renewal fee; 
(b) where another address in Hong Kong has been notified to the Registrar for that purpose by 
the proprietor since the last renewal, that address; or 
(c) in any other case, the address for service entered in the register. 
(5) The late payment of a renewal fee in the manner provided for in section 39(4) of the Ordinance 
shall be made by filing a request for renewal in the specified form accompanied by the renewal fee and any 
additional fee prescribed for the purposes of that section. 
Chapter: 514C Title: PATENTS (GENERAL) Gazette Number: 
RULES 
Section: 33 Heading: Notification of lapsed Version Date: 30/06/1997 
standard patent 
Where-
(a) a standard patent has ceased to have effect because a renewal fee has not been paid within 
the period specified in section 39(2) and (3) of the Ordinance; and 
(b) the extended period specified in section 39(4) of the Ordinance has expired without the 
renewal and prescribed additional fee having been paid, 
the Registrar shall, within 6 weeks after the expiration of the extended period, notify the proprietor of the 
patent of the fact and draw his attention to the provisions of section 40 of the Ordinance. Chapter: 514C Title: 
Section: 34 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Restoration oflapsed Version Date: 
standard patents under 
section 40 of the Ordinance IP/N/1/HKG/P/3 
Page 21 
3010611997 
(1) An application under section 40 of the Ordinance for the restoration of a standard patent which 
has ceased to have effect by reason of a failure to pay any renewal fee­
(a) shall be in the specified form; 
(b) shall be signed by the applicant; 
( c) shall be supported by evidence of the statements made in it; and 
(d) shall be accompanied by the fee prescribed for the purposes of that section. 
(2) If, upon consideration of the evidence provided in support of an application, the Registrar is not 
satisfied that a case for an order under section 40 of the Ordinance has been made out, he shall notify the 
applicant accordingly and, unless within 1 month the applicant requests to be heard in the matter, the 
Registrar shall refuse the application. 
(3) If the applicant requests a hearing within the time allowed, the Registrar shall, after giving the 
applicant an opportunity of being heard, determine whether the application shall be allowed or refused. 
(4) If the Registrar decides to allow the application, he shall notify the applicant accordingly and 
require him, within 2 months from the date on which the notification is sent to him, to file a request for 
renewal in the specified form, duly completed, accompanied by any unpaid renewal fee and any additional 
fee prescribed for the purposes of section 40(4) of the Ordinance, upon receipt of which the Registrar shall 
order the restoration of the standard patent and shall advertise the fact of such order in the Gazette. 
Chapter: 514C Title: PATENTS (GENERAL) Gazette Number: 
RULES 
Section: 35 Heading: Amendment of standard Version Date: 30106/1997 
patent under section 43 of 
the Ordinance 
(1) The period prescribed for the purposes of section 43(1) of the Ordinance is the period of 3 
months beginning from-
(a) the date of the amendment in the designated patent office; or 
(b) the date of grant of the standard patent, 
whichever is the later. 
(2) The documentation prescribed for the purposes of section 43(1) of the Ordinance is a verified 
copy of an entry in the patent register of the designated patent office showing the amendment to the 
specification of the corresponding designated patent. 
(3) The Registrar may, if he thinks fit, require-
(a) the amendment be shown on a copy of the specification of which amendment has been 
made in the designated patent office; or 
(b) the filing, within the time specified by the Registrar, of a new specification as amended, 
which shall be prepared in accordance with section 12. IPIN/1/HKG/P/3 
Page 22 
Chapter: 514C Title: 
Section: 36 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Opposition or revocation Version Date: 
proceedings in the 
designated patent office for 
the purposes of sections 43 
and 44 of the Ordinance 3010611997 
The following opposition or revocation proceedings are prescribed for the purposes of sections 43 and 
44 of the Ordinance-
Chapter: 
Section: (a) in the Chinese Patent Office, any post-grant revocation proceedings under or in accordance 
with Articles 41 to 44 of the Patent Law of the People's Republic of China and Rules 55 to 
63 of the Implementing Regulations of the Patent Law of the People's Republic of China; 
(b) in European Patent Office, any post-grant opposition proceedings under or in accordance 
with Part V of the European Patent Convention. 
514C Title: PATENTS (GENERAL) Gazette Number: L.N. 402 of 
RULES 1997 
37 Heading: Revocation of standard Version Date: 25/0711997 
patent under section 44 of 
the Ordinance 
(1) A filing of documents with the Registrar for the purposes of section 44(2) of the Ordinance shall 
be made by filing those documents together with a notice, which shall be in the specified form, and such 
translations of the documents as may be required under section 56. 
(2) An application under section 44(4) of the Ordinance for revocation of a patent shall­
(a) be in the specified form and be filed in duplicate; 
(b) be supported by evidence of the statements made in the application and, where appropriate, 
shall be accompanied by a prescribed translation of such evidence in accordance with 
section 56; and (L.N. 402 of 1997) 
(c) be accompanied by the prescribed fee. 
(3) The documentation prescribed for the purposes of section 44(2) of the Ordinance is a verified 
copy of an entry in the patent register of the designated patent office showing the revocation of the 
designated patent. 
(4) The Registrar shall send a copy of an application made under section 44(4) of the Ordinance to 
every person registered as proprietor of the patent and to every other person whose interests the Registrar 
considers may be affected by the application. 
(5) Any recipient of such a copy of an application under subsection (4) who wishes to oppose the 
application shall, within 3 months from the date of its issue, file a counter-statement in duplicate which shall 
be in the specified form, shall set out fully the grounds of objection to the application being opposed and 
shall be accompanied by the prescribed fee. 
(6) The Registrar shall send a copy of the counter-statement to each of the persons described in 
subsection (4) other than any person who is party to the counter-statement. 
(7) The Registrar may give such directions as he may think fit with regard to the subsequent 
procedure. Chapter: 514C Title: 
Section: 38 Heading: IP/N/IIHKG/P/3 
Page 23 
PATENTS (GENERAL) 
RULES Gazette Number: L.N. 402 of 
1997 
Mention of inventor under Version Date: 
section 45 of the Ordinance 
Patents generally 25/07/1997 
(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 in duplicate setting 
out fully the facts relied upon; and (L.N. 402 of 1997) 
(c) be accompanied by the prescribed fee. 
(3) The Registrar shall send a copy of an application and statement under subsection (1) or a request 
and statement under section 45(2) of the Ordinance to-
(a) every person registered as proprietor of the patent other than the applicant or person making 
the request under section 45 of the Ordinance; 
(b) every person who has been identified in the patent or any such statement as believed to be 
the inventor or joint inventor of the invention; 
(c) every other person whose interests the Registrar considers may be affected by the 
application or request. 
(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 be filed in duplicate, 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) The Registrar shall send a copy of the counter-statement to each of the persons described in 
this section other than any person who is party to the counter-statement. 
(6) The Registrar may give such directions as he may think fit with regard to the subsequent 
procedure. 
Chapter: 514C Title: 
Section: 39 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Amendment of specification Version Date: 
after grant 30/06/1997 
(1) The proprietor of a patent in respect of which the specification has been amended by court order 
under section 46 of the Ordinance shall, within 1 month of the making of such a court order, file with the 
Registrar notice of such amendment. 
(2) A notice under subsection (1) shall be in the specified form and shall be accompanied by a 
verified copy of the court order together with any supporting documents. 
(3) The Registrar may, if he thinks fit, require-
(a) the amendment be shown on a copy of the specification of which amendment has been 
made by the court order; or 
(b) the filing, within the time specified by the Registrar, of a new specification as amended, 
which shall be prepared in accordance with section 12. IPIN/1/HKG/P/3 
Page 24 
5t4C 
Section: 40 Title; 
Heading: ?A.TB)iTS{GENERAL) 
RULES 
Surrender of patents . Gazette Numher: 
Version Date: 30/0611997 
(1) A notice of an offer by a proprietor of a patent under section 48 of the Ordinance to surrender his 
patent shall be in the specified form and details of any such notice given to the Registrar shall be advertised 
by the Registrar in the Gazette. 
(2) Notice of opposition under section 48(2) of the Ordinance to the surrender of a patent may be 
given at any time within 2 months from the date of the advertisement. 
(3) Such notice shall-
(a) be in the specified form and be filed in duplicate; 
(b) be supported by a statement in duplicate setting out fully the facts upon which the opponent 
relies and the relief which he seeks; and 
(c) be accompanied by the prescribed fee, 
and the Registrar shall send a copy of the notice and of the statement to the proprietor of the patent. 
(4) Within 3 months from the date on which the copies are sent to him, the proprietor of the patent 
shall, if he wishes to continue with the surrender, file a counter-statement which shall­
(a) be in the specified form and be filed in duplicate; 
(b) set out fully the grounds of objection to the surrender being opposed; and 
(c) be accompanied by the prescribed fee, 
and the Registrar shall send a copy of the counter-statement to the opponent. 
(5) The Registrar may give such directions as he may think fit with regard to the subsequent 
procedure. Chapter: SHe Title: 
Sec:tion; 41 Hooding; PATENts· (GENERAL) 
RULES CaretteNumber: 
R~gistrar's.p()w~l'Wtevpke Vers:!oll Date: 
patel'ltongioundspf*'()tdt'~ 
pubHetror mot':i1iij'tmder 
section 49 ofthe Ordinance IP/N/lIHKG/P/3 
Page 25 
3010&/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 fonn and be filed in duplicate; 
(b) be accompanied by a statement in duplicate 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. 
(2) The Registrar shall send a copy of the reference and statement to the proprietor of the patent. 
(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 fonn and be filed in duplicate; 
(b) set out fully the grounds of objection to the reference being opposed; and 
(c) be accompanied by the prescribed fee, 
and the Registrar shall send a copy of the counter-statement to the applicant. 
(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. IP/N/lIHKG/P/3 
Page 26 
Chapter: 
Section: S!4C Tide: 
42 PATENTS (GENERAL) 
RULES 
Address for servic~ in . 
respect ()f pa fen ts 
PART V GazttU\ Number: 
Version Date: 30:'06!l997 
PROPERTY IN PATENTS AND APPLICATIONS; REGISTRATION 
(1) There shall be furnished to the Registrar-
(a) by every applicant under an application for a patent, an address for service in Hong Kong 
for the purpose of his application; 
(b) despite subsections (2) and (3), by every person (including the applicant for, or the 
proprietor of, a patent as the case may be) concerned in any proceedings to which any of 
these Rules relate, an address for service in Hong Kong, 
and the address so furnished, or any another address in Hong Kong furnished in place of that address, shall 
be treated for the purposes of that application or those proceedings as the address of that applicant or person 
(as the case may be). 
(2) Upon the grant of an application for a patent, the applicant's address for service as shown in the 
register shall be treated as the address for service of the proprietor of the patent unless an alternative address 
is furnished. 
(3) An address for service for an applicant for, or a proprietor of, a patent may be withdrawn by the 
applicant or the proprietor or the person providing the address for service, as the case may be, by notice to 
the Registrar; and upon such notification the Registrar may treat the address of the applicant or the 
proprietor previously notified to him as the address for service until such time as an alternative address is 
furnished. 
(4) In any case in which an address for service is filed at the same time as the filing of a document 
under these Rules the specified form of which requires the furnishing of an address for service, the address 
shall be filed as part of that form and in any other case it shall be filed by notice in the specified form. 
(5) Anything sent to any person under this section at his address for service shall be deemed to be 
properly sent; and the Registrar may, where no address for service is filed, treat as the address for service of 
the person concerned his trade or business address in Hong Kong, if any. Chapter: ) lAC Tide: 
Section: 43 Heading: ?ATENTS{GB"NERAt) 
RULES 
Entries in the register GautteNumber: 
Version Date: IPIN/1/HKG/P/3 
Page 27 
30106/1997 
(1) No entry shall be made in the register-
(a) in respect of any application for a standard patent before the request to record has been 
published in accordance with section 20 of the Ordinance; or 
(b) in respect of any application for a short-term patent before the short-term patent has been 
granted. 
(2) Upon publication ofthe application for the standard patent or upon grant of the short-term patent, 
the Registrar shall cause to be entered in the register-
(a) the name and address of the applicant or proprietor (as the case may be); 
(b) the name of the person stated by the applicant or proprietor believed to be the inventor or 
inventors; 
(c) the title of the invention; 
(d) the date of filing of the application for the patent and the application number; 
(e) the date of filing and the application number of any application declared for the purposes of 
section 98 or 111 of the Ordinance and the country, territory or area in or for which the 
application was made; 
(t) in the case of an application for a standard patent, the date of filing and the publication 
number of the corresponding designated patent application; 
(g) the date of publication of the application for the standard patent or grant of the short-term 
patent (as the case may be); and 
(h) the address for service ofthe applicant or proprietor (as the case may be). 
(3) The Registrar shall also cause to be entered in the register-
(a) in relation to any patent or published application for a standard patent-
(i) the address for service, if different to the entry made in accordance with subsection 
(2)(h); 
(ii) notice of any transaction, instrument or event referred to in section 52(3) of the 
Ordinance; and 
(b) in relation to any standard patent or standard patent application, in addition to the matters 
specified in paragraph (a)-
(i) the date on which the published application is withdrawn, deemed to be withdrawn or 
refused; 
(ii) the date of grant of the corresponding designated patent; 
(iii) the date on which the standard patent is granted; 
(iv) the name and address of the person or persons to whom the standard patent is 
granted, if different to the entry made in accordance with subsection (2)(a). 
(4) The Registrar may at any time enter in the register such other particulars as he may think fit. IP/N/1/HKG/P/3 
Page 28 
Chapter: 514C 
Section: 44 Title: 
Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Entries relating to section Version Date: 
13(1) of the Ordinance 30106/1997 
On the reference to the Registrar of a question under section 13(1) of the Ordinance he shall, subject 
to section 43(1), cause an entry to be made in the register of the fact and of such other information relating 
to the reference as he may think fit. 
Chapter: 514C Title: 
Section: 45 Heading: PATENTS (GENERAL) 
RULES 
Alteration of name or 
address Gazette Number: 
Version Date: 3010611997 
(1) A request by any person, upon the alteration of his name, for that alteration to be entered in the 
register or on any application or other document filed at the registry shall be in the specified form. 
(2) Before acting on a request to alter a name, the Registrar may require such proof of the alteration 
as he thinks fit. 
(3) A request by any person for the alteration or correction of his address or address for service 
entered in the register or on any application or other document filed with the Registrar shall be in the 
specified form and shall identify any relevant application or patent to which the request relates. 
(4) If the Registrar is satisfied that a request to alter a name or to alter or correct an address or 
address for service may be allowed, he shall cause the register, application or other document to be altered 
accordingly. Chapter: 514C Title: 
Section: 46 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Registration of Version Date: 
transactions, etc in relation 
to patents and patent 
applications IPIN/1/HKGIP13 
Page 29 
30106/1997 
(1) An application to register, or a notice to the Registrar of, any transaction, instrument or event to 
which section 52 of the Ordinance applies shall be in the specified form and shall be accompanied by the 
prescribed fee. 
(2) An application or a notice under subsection (1) shall-
(a) where it relates to an assignment referred to in section 52(3)(a) or (c) of the Ordinance, be 
signed by the assignor; 
(b) where it relates to a mortgage or the granting of a licence or sub-licence or security referred 
to in section 52(3)(b) or ( c) of the Ordinance, be signed by or on behalf of the mortgagor or 
the grantor of the licence or security, as the case may be, 
or, if not so signed, shall be accompanied by such documentary evidence as suffices to establish the 
transaction, instrument or event. 
(3) The Registrar may direct that such evidence as he may require in connection with the application 
or notice shall be sent to him within such period as he may specify. 
(4) An application or a notice under subsection (1) may be rejected only in the event of failure to 
comply with the conditions laid down in subsection (2) or (3) or, where appropriate, in section 50(6) of the 
Ordinance and, if so rejected, the application will not be considered as an application or a notice for the 
purposes of section 52(1) of the Ordinance. 
Chapter: 514C Title: 
Section: 47 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Request for correction of Version Date: 
error in the register or in 
any document filed in 
connection with 
registration 30/06/1997 
(1) Except as provided in section 45(3), a request for the correction of an error in the register or in 
any document filed with the Registrar in connection with registration shall-
(a) be made in the specified form and the correction shall be clearly identified on a document 
annexed to the request or, if not, on the request itself; 
(b) be accompanied by the prescribed fee. 
(2) The Registrar may call for such written explanation of the reasons for the request or evidence in 
support of it as he may require in order to satisfy himself that there is an error and, upon being so satisfied, 
shall make such correction as may be agreed between the proprietor of the patent or applicant and the 
Registrar. IP/N/1/HKG/P/3 
Page 30 
Chapter: 514C 
Section: 48 Title: 
Heading: PATENTS (GENERAL) 
RULES 
Correction of errors in 
patents and applications 
under section 146 of the 
Ordinance Gazette Number: 
Version Date: 30106/1997 
(l) Except where section 45(3) has effect, a request for the correction of an error of translation or 
transcription or of a clerical error or mistake in any specification of a patent, in an application for a patent or 
in any document filed in connection with a patent or such an application shall-
(a) be in the specified form; 
(b) clearly identify the proposed correction; and 
(c) be accompanied by the prescribed fee, 
and the Registrar may, if he thinks fit, require that the correction be shown on a copy of the document of 
which correction is sought. 
(2) Where such a request relates to a specification, no correction shall be made in the specification 
unless the correction is obvious in the sense that it is immediately evident that nothing else would have been 
intended than what is offered as the correction. 
(3) Where the Registrar requires notice of the proposed correction to be advertised, he shall advertise 
the request and the nature of the proposed correction in the Gazette. 
(4) At any time within 2 months after the date of the advertisement, any person may give notice to 
the Registrar of opposition to the request. 
(5) Such notice shall be in the specified form and be filed in duplicate, shall be supported by a 
statement setting out fully the facts on which the opponent relies and the relief which he seeks and shall be 
accompanied by the prescribed fee. 
(6) The Registrar shall send a copy of the notice and the statement to the person making the request 
who, if he desires to proceed with the request, shall within 3 months from the date of the sending of the 
copies to him, file a counter-statement in duplicate setting out fully the grounds on which he contests the 
opposition and pay the prescribed fee, and the Registrar shall send a copy of the counter-statement to the 
opponent. 
(7) The Registrar may give such directions as he may think fit with regard to the subsequent 
procedure. 
Chapter: 514C Title: 
Section: 49 Heading: PATENTS (GENERAL) 
RULES 
Request as to payment of 
renewal fee Gazette Number: 
Version Date: 30/06/1997 
A request for information about the date of payment of any renewal fee shall be accompanied by the 
prescribed fee, if any, but a copy of an entry in or extract from the register shall be requested only in 
accordance with section 51. Chapter: 514C Title: 
Section: 50 Heading: PATENTS (GENERAL) 
RULES 
Inspection of register Gazette Number: 
Version Date: IPIN/1/HKG/P/3 
Page 31 
30106/1997 
(1) The register, or entries or reproductions of entries in it, shall be made available for inspection by 
the public during the hours of business of the registry as published in accordance with section 148 of the 
Ordinance. 
(2) A request to be allowed to inspect the register shall be accompanied by the prescribed fee, if any, 
but a copy of an entry in or extract from the register shall be requested only in accordance with section 51. 
Chapter: 514C Title: 
Section: 51 Heading: PATENTS (GENERAL) 
RULES 
Certificates and copies 
supplied by Registrar Gazette Number: 
Version Date: 30106/1997 
(1) Upon written request made in the specified form and payment of the prescribed fee, but subject 
to subsection (3), the Registrar shall supply-
(a) a certified copy or certified extract falling within section 51(11) of the Ordinance; 
(b) a certificate for the purposes of section 51 (10) of the Ordinance. 
(2) Upon written request and payment ofthe prescribed fee, if any, but subject to subsection (3), the 
Registrar shall supply an uncertified copy of an entry in or an uncertified extract from the register or an 
uncertified copy of or an uncertified extract from anything referred to in section 51 (11 )(b) of the Ordinance. 
(3) The restrictions on making documents available for inspection contained in section 89(1) shall 
apply equally to the supply by the Registrar under this section of copies of or extracts from such documents 
or requests as are referred to in section 89(1), and nothing in this rule shall be construed as imposing upon 
the Registrar the duty of supplying copies of or extracts from any document or file of a description referred 
to in section 89(2). 
Chapter: 514C Title: 
Section: 52 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Order or direction by court Version Date: 3010611997 
Where any order or direction has been made or given by the court-
(a) transferring a patent or application or any right in or under it to any person; 
(b) that an application should proceed in the name of any person; 
(c) allowing the proprietor of a patent to amend the specification; or 
Cd) revoking a patent, 
the person in whose favour the order is made or the direction is given-
(i) shall send to the Registrar written notice of the order or direction accompanied by a sealed 
copy of the order or direction; and 
Cii) if the Registrar so requires and before a time fixed by him, shall file a specification as 
amended prepared in accordance with section 12, 
and upon compliance with paragraphs (i) and (ii) the specification shall be amended or the register shall be 
rectified or altered, as the case may require. IP/N/lIHKGIP13 
Page 32 
Chapter: 514C Title: 
Section: 53 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Time limit for application Version Date: 
under section 58 of the 
Ordinance 
PART VI 
EMPLOYEES' INVENTIONS 30106/1997 
(1) Subject to subsection (2), the period prescribed for the purposes of section 58(1) and (2) of the 
Ordinance shall be that period which begins when the relevant patent is granted and expires one year after 
the relevant patent has ceased to have effect. 
(2) Where a patent has ceased to have effect by reason of a failure to pay any renewal fee within the 
period prescribed for the payment of that fee and an application for restoration is made under section 40 or 
127 of the Ordinance, then-
Chapter: 
Section: (a) if restoration is ordered, the period specified in subsection (1) shall continue as if the patent 
had remained continuously in effect; or 
(b) if restoration is refused, the period specified in subsection (1) shall be treated as expiring one 
year after the patent ceased to have effect or 6 months after the refusal, whichever is the 
later. 
514C Title: 
54 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Opposition or revocation Version Date: 
proceedings in the 
designated patent office for 
the purposes of section 
91(1)(i) of the Ordinance 
PART VII 
REVOCATION OF PATENTS 30/0611997 
The following opposition or revocation proceedings are prescribed for the purposes of section 91(1 )(i) 
of the Ordinance-
(a) in the Chinese Patent Office, any post-grant revocation proceedings under or in accordance 
with Articles 41 to 44 of the Patent Law of the People's Republic of China and Rules 55 to 
63 of the Implementing Regulations of the Patent Law of the People's Republic of China; 
(b) in the European Patent Office, any post-grant opposition proceedings under or in 
accordance with Part V of the European Patent Convention. Chapter: SHe 
56 PAtENTS (GENERAL) 
R;t.JL;ES 
1Jlehmguageofpfo(!~diJlgsVersl()n l)at~: 
before the Registrar 
PART VIII 
LANGUAGE OF PROCEEDINGS; AUTHENTIC TEXT IP/N/lIHKG/P/3 
Page 33 
30/06/1997 
(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, such translation 
to be certified to the satisfaction of the Registrar as corresponding to the original text. 
(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, shall contain a 
transliteration of the same in the Roman alphabet. 
(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 IP/N/1/HKG/P/3 
Page 34 
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. 
Chapter: 514C Title: 
Section: 57 Heading: PATENTS (GENERAL) 
RULES 
Filing of corrected 
translation under section 
106(3) of the Ordinance Gazette Number: 
Version Date: 30106/1997 
(1) Section 12 shall apply in relation to a corrected translation filed under section 106(3) of the 
Ordinance as it applies in relation to the documents making up a request to record. 
(2) Payment of the fee prescribed for the purposes of section 106(3) of the Ordinance in connection 
with the publication of the corrected translation shall be made by filing a request for publication in the 
specified form accompanied by the fee. 
(3) The period prescribed for payment of the prescribed fee for the purposes of section 106(3) of the 
Ordinance shall be 14 days from the day on which the corrected translation is filed. Chapter: SlAC 
Section: 58 Title: PATENTS (Gh'NERAL} 
RULES 
Appl~tions fortb~g:r:ant Ve:rsloRDale; 
of$h6rt4en»pat-elltsuutlcr 
section 113 of the 
Ordinance 
PART IX 
APPLICATIONS FOR SHORT-TERM PATENTS IP/N/1/HKG/P/3 
Page 35 
SO!06!!9:97 
(1) An application for the grant of a short-term patent made under section 113 or 125 of the 
Ordinance shall be in the specified form. 
(2) The specification contained in an application for a short-term patent shall state the title of the 
invention and continue with the description and the claim or claims and drawings, if any, in that order. 
(3) The title shall be short and indicate the matter to which the invention relates. 
(4) The description shall include a list briefly describing the figures in the drawings, if any. 
(5) The application for the grant of a short-term patent shall contain-
(a) a search report as prescribed in section 72; 
(b) the designation of the classification of the invention according to the International Patent 
Classification up to the subclass level or such other level as the Registrar may specify; 
(c) in the case of an applicant claiming priority of a previous application under section 111 of 
the Ordinance, a statement of priority as prescribed by section 69 and a verified copy of the 
previous application; 
(d) any request for deferral of the grant of a patent for a specified period under section 119 of 
the Ordinance; 
(e) in the case of a claim regarding non-prejudicial disclosure of the invention as referred to in 
section 109(a) of the Ordinance, a statement to the effect that the invention has been 
displayed in accordance with that paragraph together with written evidence in support of the 
statement. 
(f) any statement required by section 109 of the Ordinance in relation to non-prejudicial 
disclosure of the invention referred to in paragraph (b) of that section, together with written 
evidence in support of the statement as prescribed in section 70 of these Rules; 
(g) the name and address of the inventor or inventors; 
(h) a list of the documents comprising the application and an indication of the number of sheets 
of each such document. IP/N/lIHKG/P/3 
Page 36 
SHe Titl.e: 
Section: 59 Heading: PATEN'[S{GENERAL) 
RULES 
Description Version Date: 30/0611997 
(1) The description shall-
Ca) specifY the technical field to which the invention relates; 
Cb) indicate the background art which, as far as known to the applicant, can be regarded as 
useful for understanding the invention and, preferably, cite the documents reflecting such 
art; 
(c) disclose the invention, as claimed, in such terms that the technical problem C even if not 
expressly stated as such) and its solution can be understood, and state any advantageous 
effects of the invention with reference to the background art; 
(d) briefly describe the figures in the drawings, if any; 
(e) describe in detail at least one way of carrying out the invention claimed using examples 
where appropriate and referring to the drawings, if any; 
(t) indicate explicitly, when it is not obvious from the description or nature of the invention, the 
way in which the invention is capable of exploitation in industry, 
(2) The description shall be presented in the manner and order specified in subsection (1), unless 
because of the nature of the invention, a different manner or a different order would afford a better 
understanding and a more economic presentation, 514C 
Section: 60 Titl~; 
Heading: PATENTS (GENERAL)· 
RULES 
Drawings Gazette Number: 
Version Date: IP/N/l/HKG/P/3 
Page 37 
3010611997 
(1) (a) Drawings forming part of an application for a short-term patent shall be on sheets the usable 
service area of which shall not exceed 26.2 cm x 17 cm. 
(b) The sheets shall not contain frames round the usable or used surface. 
(c) The minimum margins shall be as follows-
top 2.5 cm 
left side 2.5 cm 
right side 
bottom 1.5 cm 
1.0 cm 
(2) Drawings shall be executed as follows-
(a) without colouring in durable, black, sufficiently dense and dark, uniformly thick and 
well-defined lines and strokes to permit satisfactory reproduction; 
(b) cross-sections shall be indicated by hatching which does not impede the clear reading of the 
reference signs and leading lines; 
(c) the scale of the drawings and the distinctness of their graphical execution shall be such that a 
photographic reproduction with a linear reduction in size to two-thirds would enable all 
details to be distinguished without difficulty; and that if, as an exception, the scale is given 
on a drawing, it shall be represented graphically; 
(d) all numbers, letters, and reference signs, appearing on the drawing shall be simple and clear 
and brackets, circles and inverted commas shall not be used in association with numbers, 
letters and characters; 
( e) all lines in the drawings shall, ordinarily, be drawn with the aid of drafting instruments; 
(f) elements of the same figure shall be in proportion to each other, unless a difference in 
proportion is indispensable for the clarity of the figure; 
(g) the height of the numbers, letters and characters shall be not less than 0.32 cm and for the 
lettering of drawings, the Latin and, where customary, the Greek alphabets or Chinese 
characters, as appropriate, shall be used; 
(h) where the same sheet of drawings contains several figures, the different figures shall be 
arranged without wasting space, clearly separated from one another; and the different 
figures shall be numbered consecutively in Arabic numerals, independently of the numbering 
of the sheets; 
(i) where figures drawn on 2 or more sheets are intended to form one whole figure, the figures 
on the several sheets shall be so arranged that the whole figure can be assembled without 
concealing any part of the partial figures; 
(j) reference signs not mentioned in the description and claims shall not appear in the drawings, 
and vice versa; and the same features, when denoted by reference signs, shall, throughout 
the application, be denoted by the same signs; 
(k) the drawings shall not contain textual matter, except, when required for the understanding of 
the drawings, a single word or words such as, "water", "steam", "open", "close", "section on 
AA" or the equivalent Chinese characters, as appropriate, and, in the case of electric circuits 
and block schematic or flow sheet diagrams, a few short catchwords or the equivalent 
Chinese characters, as appropriate, indispensable for understanding; and any such words or 
characters shall be placed in such a way that, if required, they can be replaced by their 
translations without interfering with any lines of the drawings; 
(1) the sheets of the drawings shall be numbered in accordance with section 62. 
(3) Flow sheets and diagrams shall be considered to be drawings for the purposes of these Rules. IPINIl/HKG/P/3 
Page 38 
Chapter: 5J4C 
Section: 61 Title: PA Tm .. rn; (GENERAL) 
RUl.ES 
Heading: The abstract 
(1) The abstract shall commence with a title for the invention. Gazette Number: 
Version Date: 30/0611997 
(2) The abstract shall contain a concise summary of the matter contained in the specification; the 
summary shall indicate the technical field to which the invention belongs and be drafted in a way which 
allows a clear understanding of the technical problem to which the invention relates, the gist of the solution 
to that problem through the invention and the principal use or uses of the invention; where appropriate, the 
abstract shall also contain the chemical formula which, among those contained in the specification, best 
characterizes the invention; and the abstract shall not contain statements on the alleged merits or value of 
the invention or on its speculative application. 
(3) The abstract shall normally not contain more than 150 words or 200 Chinese characters as 
appropriate; 
(4) If the specification contains any drawings, the applicant shall indicate on the abstract the figure 
or, exceptionally, the figures of the drawings which he suggests should accompany the abstract when 
published; the Registrar may decide to publish one or more other figures if he consider that they better 
characterize the invention; and each main feature mentioned in the abstract and illustrated by a drawing shall 
be followed by the reference sign used in that drawing, placed between parentheses. Chapter: 514C Tlde: PATENTS (GENERAL) 
RULES Gazette Number; IP/N/l/HKG/P/3 
Page 39 
Section: 62 l-k:ading: sUe and pr.ese:»tatiPllof 
documents Version Date: 30!()6fl997 
of-(1) All documents making up an application for a short-term patent shall be so presented as to permit 
(a) direct reproduction by photography, photocopying processes, photo offset and 
micro-filming, in an unlimited number of copies; and 
(b) the scanning of the document by a device capable of capturing an image of the document 
and converting that image into a form suitable for storing on and retrieval by a computer. 
(2) All sheets of the documents making up an application shall be free from cracks, creases and 
folds; and only one side of the sheet shall be used. 
(3) All documents shall be on A4 paper (29.7 cm x 21 cm) which shall be pliable, strong, white, 
smooth, matt and durable. 
(4) Each of the documents shall commence on a new sheet and the sheets shall be connected in such 
a way that they can easily be turned over, separated and joined together again. 
(5) Subject to section 60(1), the minimum margins shall be as follows-
top 2.0 cm 
left side 2.5 cm 
right side 
bottom 2.0 cm 
2.0 cm 
and the recommended maximum for the margins quoted above is as follows-
top 4.0 cm 
left side 4.0 cm 
right side 
bottom 3.0 cm 
3.0 cm 
(6) The margins of each of the documents, when submitted, must be completely blank. 
(7) All the sheets contained in the documents shall be numbered in consecutive Arabic numerals and 
such numbering shall be placed at the top of the sheet, in the middle, but not in the top margin. 
(8) Every document (other than drawings) shall be typed or printed in a dark, indelible colour in at 
least 1 112 line spacing and in characters of which the capital letters, where appropriate, are not less than 
0.21 cm height, except that-
(a) documents comprising the minimum requirements under section 114(1) of the Ordinance 
may be completed in writing; and 
(b) graphic symbols and characters and chemical and mathematical formulae may be written or 
drawn, in a dark indelible colour. 
(9) (a) The description, the claims and the abstract shall not contain drawings. 
(b) The description, the claims and the abstract may contain chemical or mathematical 
formulae. 
(c) The description and the abstract may contain tables; the claims may contain tables only if 
their subject-matter makes the use of tables desirable. 
(d) Tables and chemical or mathematical formulae may be placed sideways on the sheet if they 
cannot be presented satisfactorily in an upright position on the sheet; sheets on which tables 
or chemical or mathematical formulae are presented sideways shall be so presented that the 
top of the tables or formulae are at the left side of the sheet. 
(10) In all documents-
(a) weights and measures shall be expressed in metric units or, if expressed in different units, 
shall also be expressed in metric units as well; 
(b) the other physical values shall be expressed in the units recognized in international practice; 
(c) in stating mathematical or chemical formulae, the symbols, atomic weights and molecular 
formulae in general use shall be employed; and IPIN/1/HKGIP13 
Page 40 
(d) in general, use should be made of technical terms, signs and symbols generally accepted in 
the field in question. 
(11) If a formula or symbol is used in the specification, a copy of the specification, prepared in the 
same manner as drawings, shall be furnished if the Registrar so directs. 
(12) The terminology and the signs shall be consistent throughout the application. 
(13) All documents shall be reasonably free from deletions and other alterations overwritings and 
interlineations and shall, in any event, be legible. 
(14) The Registrar may exempt any document from compliance with any of the provisions of this 
section or section 60 if the authenticity of the content is not in question and the requirements for good 
reproduction are not in jeopardy, or in such other circumstances as he may think fit. 
(15) Regardless of any exemption granted under subsection (14), in the case of an application for a 
short-term patent based on an international application under section 125 of the Ordinance, the documents 
comprising the international application shall be taken as complying with this rule. 
Chapter: 514C Title: PATENTS (GENERAL) Gazette Number: 
RULES 
Section: 63 Heading: Form of statements, Version Date: 30106/1997 
counter-statements and 
evidence 
Any statement, counter-statement or evidence filed shall, unless the Registrar otherwise directs, 
comply with the requirements of section 62(1) and (3), except that both sides of the sheet may be used in 
the case of statutory declarations and evidence. S!4C Title: 
Section: 64 Heading: £tATBNTS (GB.'NERAL) 
RULES 
Claims Gamtt~ Number: 
Version Date: IP/N/lIHKG/P/3 
Page 41 
3010611997 
(1) The claims shall define the matter for which protection is sought in terms of the technical features 
of the invention and, wherever appropriate, claims shall contain-
(a) a statement indicating the designation of the subject-matter of the invention and those 
technical features which are necessary for the definition of the claimed subject-matter but 
which, in combination, are part of the prior art; 
(b) a characterizing portion, preceded by the expression "characterized in that" or "characterized 
by" or the equivalent Chinese characters, as appropriate, stating the technical features 
which, in combination with the features stated in paragraph (a), it is desired to protect. 
(2) An independent claim stating the essential features of an invention may be followed by one or 
more dependent claims concerning particular embodiments of that invention. 
(3) (a) Any claim which includes all these features of any other claim ("dependent claim") shall 
contain, if possible at the beginning, a reference to the other claim and shall then state the 
additional features which it is desired to protect. 
(b) A dependent claim shall also be admissible where the claim it directly refers to is itself a 
dependent claim. 
(c) All dependent claims referring back to a single previous claim, and all dependent claims 
referring back to several previous claims, shall be grouped together to the extent and in the 
most appropriate way. 
(4) The number of the claims shall be reasonable in consideration of the nature of the invention 
claimed; and if there are several claims, they shall be numbered consecutively in Arabic numerals. 
(5) Claims shall not, except where absolutely necessary, rely, in respect of the technical features of 
the invention, on references to the description or drawings; and in particular, they shall not rely on such 
references as "as described in part ... of the description", or "as illustrated in figure ... of the drawings" or 
the equivalent Chinese characters, as appropriate. 
(6) If the application contains drawings, the technical features mentioned in the claims shall 
preferably, if the intelligibility of the claim can thereby be increased, be followed by reference signs relating 
to these features and placed between parentheses; and these reference signs shall not be construed as 
limiting the claim. IPIN/1/HKGIP13 
Page 42 
Chapter: 514C Title: PATENTS (GENERAL) Gazette Number: 
RULES 
Section: 65 Heading: Procedure where applicant Version Date: 3010611997 
is not the inventor or sole 
inventor 
Where the applicant or applicants are not the inventor or inventors-
Chapter: 
Section: (a) the statement required by section 113(2)(c) of the Ordinance shall be in the specified form; 
and 
(b) a sufficient number of copies of the statement shall be filed by the applicant or applicants to 
enable the Registrar to send one to each inventor who is not one of the applicants. 
514C Title: 
66 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Issue of receipt by Registrar Version Date: 30106/1997 
On first receipt of any of the documents comprising an application for a short-term patent, the 
Registrar shall-
Chapter: 
Section: (a) mark the documents with the date of their receipt by him; 
(b) assign an application number to the application; and 
(c) issue to the applicant a receipt which shows an application number, the nature and number 
of the documents received and the date of their receipt. 
514C Title: 
67 Heading: PATENTS (GENERAL) 
RULES Gazette Number: 
Communication following Version Date: 
examination on filing under 
section 114 ofthe 
Ordinance 30/0611997 
(1) If a short-term patent application fails to meet any of the minimum requirements specified in 
section 114(2) of the Ordinance, the Registrar shall communicate the disclosed deficiencies to the applicant 
and inform him that his application for a short-term patent shall not be dealt with as an application for a 
short-term patent unless he remedies the disclosed deficiencies within 1 month from the date of the 
communication. 
(2) If the applicant remedies the disclosed deficiencies within that period, the Registrar shall inform 
him of the date of filing accorded to the short-term patent application. SHe 
68 IP/N/1/HKGIP13 
Page 43 
PATENTS·{OENERt;.J.,) 
RULES O~ette Number: LN,401 of 
1997 
Redjt1~dQuof deficie~CiesVe1'$:l()n Date: 
insbj)rt·term p~tent 
applita tions 25/07/1997 
(1) If the examination provided for in section 115(1) of the Ordinance reveals deficiencies in the 
short-term patent application, the Registrar shall inform the applicant by notice accordingly and shall invite 
him to remedy the deficiencies within a period of 2 months from the date of such notice; except that in the 
case of an applicant claiming priority of a previous application under section 111 of the Ordinance where the 
deficiency in the short-term patent application is the failure to file a verified copy of the previous application 
together with a translation of that application (as the case may require under section 69 of these Rules), the 
Registrar shall specity a period of not less than 3 months from the date of filing of the subsequent 
application within which the applicant may remedy the deficiencies. 
(2) The Registrar may, upon request by the applicant presented before the expiry of such period and 
payment of the prescribed fee, grant an extension ofthat period for a further 2 months. 
(3) If in any particular case the Registrar is satisfied that the applicant's failure to remedy the 
deficiencies within the period allowed under subsection (1) or (2) was wholly or mainly attributable to-
(a) a failure or undue delay in the postal services in Hong Kong or in the country, territory or 
area of the designated patent office; or 
(b) any natural disaster or strike in Hong Kong or in the country, territory or area of the 
designated patent office, 
the Registrar may grant such further extension of that period, not exceeding 2 months, as he considers 
reasonable. 
(4) Where-
(a) an application for a short-term patent includes a request for deferral of grant of the patent 
under section 119 of the Ordinance; and 
(b) the only deficiency in the short-term patent application at the expiry of periods specified in 
subsections (1), (2) and (3) (as may be applicable) is the failure to file a search report under 
section 113(1)( d) of the Ordinance, 
the applicant may request an extension of time for filing the search report to a date not later than 1 month 
prior to the expiry of the deferred date of grant of the patent. (L.N. 402 of 1997) 
(5) If the only deficiency in the short-term patent application after the expiry of the periods specified 
in subsections (1), (2) and (3) (as may be applicable) is the failure to file a translation of the title of invention 
or abstract as referred to in section 56(2)(a) and (b) or a transliteration of the names of the applicant or 
inventor as referred to in section 56(2)( c), the Registrar may, on the request of the applicant, allow for a 
specified period within which the applicant may make good that deficiency on the payment of a penalty fee. 
(6) If the filing fee or advertisement fee has not been paid within the time limit provided for in 
section 113(5) of the Ordinance, it may still be validly paid within a period of grace of 1 month of 
notification of a communication pointing out the failure to observe the time limit if, and only if, within this 
period an additional fee is paid. IP/N/lIHKG/P/3 
Page 44 
Chapter: SHe 
Section: 69 Title: 
Heading: PATENTS (GB1jERAL} 
RULES 
Claiming priQ rityund~l' 
sedion 111 of tbe 
Ordinance 30/06!t997 
(1) A statement of priority for the purposes of section 111 of the Ordinance shall be made at the time 
of filing the application for a short-term patent and shall state the date of filing and the application number of 
any application specified in the statement and the country, territory or area in or for which the application 
was made. 
(2) In the case of a new application filed under section 116 of the Ordinance, no statement of priority 
shall be made which has not also been made in the earlier application. 
(3) The copy of the previous application as referred to in section 111(1) of the Ordinance shall-
(a) be verified as a correct copy of the previous application by the authority which received that 
application, or otherwise verified to the satisfaction of the Registrar; and 
(b) be accompanied by a certificate issued by that authority stating the date of filing of the 
previous application. 
(4) If the previous application is not in one of the official languages, it shall be accompanied by a 
translation in accordance with section 56, except that the Registrar shall accept as satisfying the 
requirements of section 56 a translation of the title of the invention, the claims and the filing date together 
with a transliteration of the name of the applicant into the Roman alphabet. 
(5) Where the previous application is an application under the Ordinance, the applicant may, instead 
of filing a verified copy of the previous application, request the Registrar to include such a copy with the 
patent application upon payment of the prescribed fee. 514C Tille: 
Secti{)n: 70' Heading; t>ATENTS (GENBRAL) 
Rt}LES 
Claj~l r~ardiug VerstonDate: 
'Hm .... u·ej~tlieialdij$~!risure 
underseetlou 109(6) of tbe 
Ordinance IPINIlIHKG/P/3 
Page 45 
30:'06/1997 
The following written evidence is prescribed for the purposes of section 109 of the Ordinance in 
relation to non-prejudicial disclosure as provided for under paragraph (b) of that section-
(a) a certificate, issued at the exhibition by the authority responsible for holding the exhibition, 
stating-
(i) that the invention was in fact exhibited there; 
(ii) the opening date of the exhibition and, where the first disclosure of the invention did 
not take place on the opening date, the date of the first disclosure; 
(b) an identification of the invention, duly authenticated by the authority. IP/N/1/HKG/P/3 
Page 46 
514C Tide: 
Section: 71 Heading: ?ATENTS(GENERAL) 
RULES 
Searching authority . DazetteNumber: 
Version Date: 30/0611997 
The following searching authorities are prescribed for the purposes of section 113(8)(a) of the 
Ordinance-
(a) the International Searching Authorities appointed under Article 16 of the Patent Cooperation 
Treaty; 
(b) the patent offices designated for the purposes of the Ordinance under section 8 of the 
Ordinance. Chapter: 514C Title: 
Section: Heading: l~ATBNTS (GBNERAL) 
RULE.S 
Contents (tfthesenrt:h 
report Version Date! IP/N/lIHKG/P/3 
Page 47 
3 O/{l6/ 1997 
A search report shall-
Ca) identifY by name the searching authority which prepared the report; 
Cb) be dated and shall indicate the date on which the search was actually completed; 
Cc) contain the classification of the subject-matter according to the International Patent 
Classification; 
(d) contain the citations of the documents considered to be relevant; 
(e) list the classification identification of the fields searched; 
Ct) contain the name of the officer of the searching authority responsible for the report. IPIN/1/HKG/P/3 
Page 48 
5!4C Title: PATENTS (GENERAL) 
RULES . Gazette Number: 
Reqnirementscpn~erning: Version Date: 
applicationsreiating to 
mitt'o"'()r~ .. i$msunder 
sed¥on US of thee 
Ordinance 30:'06!1997 
Schedule 1 shall have effect in relation to applications for short-term patents which require for their 
performance the use of micro-organisms. SHe TWe: 
Section: 74 PATENTS (GENERAL) 
RULES 
l)h'isi(tJlal sl19rt,.~~rm 
p~t~lltappll~tron tl#der 
section 116 ofthe 
Ordinance IP/N/lIHKG/P/3 
Page 49 
30106/ L9:97 
(1) Subject to section 122 of the Ordinance, a new short-term patent application within the meaning 
of section 116 of the Ordinance, may be filed at any time after the filing of the earlier application, except 
that a new application may not be filed after the earlier application has been refused, is withdrawn, or is 
deemed to be withdrawn. 
(2) Where possible, the description and drawings of the earlier application and the new application 
shall relate only to the matter for which protection is sought by each such application; however, where it is 
necessary for an application to describe the matter for which protection is sought by reference to another 
application, such reference shall include the application number of that other application and shall indicate 
the matter for which protection is claimed in the other application. IP/NIIIHKG/P/3 
Page 50 
514C 
Section: 7S Title: 
H~ading: PA'rb'"NTS(QENERAL) 
RUL.ES Gazetw·Numoor: 
Alllendm~n't4f~pplk.ati(Ul Version Date: 
(<Jrs!lQd"'1ebnpatent. umi-Elr 
sectitin120 of the 
Ordinance 
PART X 3·0/06/t997 
PROCEDURE UP TO AND INCLUDING GRANT OF SHORT-TERM PATENTS 
(1) Subject to section 45(3), an application under section 120 of the Ordinance for amendment of an 
application for a short-term patent shall be in the specified form, shall clearly identifY the proposed 
amendment and shall state the reasons for it. 
(2) Where any amendment is proposed to be made to the description, claims or drawings, the 
Registrar may, if he thinks fit, require the filing, within the time specified by the Registrar, of a new 
specification or drawings as amended, which shall be prepared in accordance with sections 59, 60, 61, 62 
and 64, SHe Titk: 
Sectkm: 76 PATENTS {DENERAL} 
R.ULES 
N\ldc~ requesting Verskm Date: 
reinstatement of an 
applh::atlt)Jl fora sbort.,tenn 
pate'lttuuder se~tion 123 of 
the Ordinance IP/N/l/HKG/P/3 
Page 51 
30!OOii9<)7 
A notice under section 123 of the Ordinance requesting reinstatement of an application for a 
short-term patent shall be in the specified form and shall be accompanied by the additional prescribed fee. IP/NIlIHKG/P/3 
Page 52 
Cbapter; 514C 
Section: Tide: PATENTS (GBNER;\L) 
RllLES 
Appli£~ti~n>f6T r:es:torati()n Version Date: 
of tightsinrelatj~)n t~ .. n 
application far-a snort-t!!rro 
patentllllc:er s~tio~123f)f 
the Ordinance 3:()!06! t997 
An application under section 123 of the Ordinance for restoration of rights lost in relation to an 
application for a short-term patent shall be in the specified form and shall be accompanied by the additional 
prescribed fee. Chapter: $14C TIde: 
18 PATBNTS·(GENER4L) 
RULES 
SbQ~t<4efmpat'Cl'nt Ver~lon Date: 
appll~3tion bas~d~n 
hite:rnatimtal~ppl~tion 
und~rsectmn 125 oftb~ 
Ordinance IPINIlIHKG/P/3 
Page 53 
3'0106/1997 
(1) The other date as referred to in section 125(2) of the Ordinance is any date within 6 months after 
the date of the issuance of the National Application Notification by 
the Chinese Patent Office. 
(2) An application made within the date specified in subsection (1) shall be accompanied by the copy 
of the National Application Notification. IP/N/IIHKG/P/3 
Page 54 
S14C 
Section: Title: 
Heading: PATENTS··(GENERAL) 
RULES 
R~n~w.~l~:fsn1)rt,.tt:l'In 
patents 
PART XI VerslonDare: 
PROVISIONS AS TO SHORT-TERM PATENTS AFTER GRANT 30l06/199'1 
(1) Payment ofthe renewal fee prescribed for the purposes of section 126(2) or (3) ofthe Ordinance 
shall be made by filing a request for renewal in the specified form accompanied by the renewal fee. 
(2) On receipt of the request for renewal duly completed and renewal fee, the Registrar shall issue a 
confirmation of payment. 
(3) Where the period for payment of a renewal fee pursuant to section 126(2) or (3) of the 
Ordinance has expired, the Registrar shall, not later than 6 weeks after the last date for payment under that 
section and if the fee still remains unpaid, send to the proprietor of the short-term patent a notice reminding 
him that payment is overdue and of the consequences of non-payment. 
(4) Notice to a proprietor under subsection (3) shall be sent to-
(a) any address in Hong Kong notified by the proprietor for that purpose; or 
(b) if no address has been so notified, the address for service entered in the register. 
(5) The late payment of a renewal fee in the manner provided for in section 126(5) of the Ordinance 
shall be made by filing a request for renewal in the specified form accompanied by the renewal fee and any 
additional fee prescribed for the purposes of that subsection. Chapter: 514C 
Section: PAtENTS (GE-NERAL) 
RULES 
N()tir~atwn()flapsed 
short4ernt patent IP/NIlIHKG/P/3 
Page 55 
30/06/19fJ7 
Where-
(a) a short-term patent has ceased to have effect because a renewal fee has not been paid within 
the period prescribed for the purposes of section 126(2) or (3) of the Ordinance; and 
(b) the extended period specified in section 126(5) of the Ordinance has expired without the 
renewal and prescribed additional fee under that subsection having been paid, 
the Registrar shall, within 6 weeks after the expiration of the extended period, notifY the proprietor of the 
short-term patent of the fact and draw his attention to the provisions of section 127 of the Ordinance. IP/N/1/HKG/P/3 
Page 56 
Chapter: 5J4C 
Section: SI Heading: PATEN1'S(G£NERJ\L) 
RULES 
R~st(!riltion (~flapsed 
$lmrHermp~wnt~ UIJ4(1f 
s~ti()tllZ7.of the 
Ordinance Version Date: 3 !)/06/1997 
Section 34 shall apply to short-term patents, with necessary modification, as if reference in that 
section to a standard patent was a reference to a short-term patent and reference to section 40 of the 
Ordinance was reference to that section as applied by section 127 of the Ordinance. SHe 
Sootkm: 81 Heading~ PATENTS (GENERAL) 
RULES Gazette Number: 
Registrar's dis~re-tii)nary V ~n;ion Date: 
powers 
PART XII 
HEARINGS AND AGENTS IP/N/IIHKG/P/3 
Page 57 
30(06!1997 
(1) Before exercising adversely to any person any discretionary power given to the Registrar by the 
Ordinance or these Rules the Registrar shall, if so required by the person who would be so affected, hear 
him on the subject. 
(2) A request under subsection (1) for a hearing shall be filed within 1 month from the date on which 
the person filing the request receives notice sent by the Registrar of any objection to an application or of any 
other proposal to exercise a discretionary power. 
(3) Upon receipt of a request filed under subsection (2) the Registrar shall send to the person making 
the request notice of a time when he may be heard, which shall be not less than 10 days after the date of 
receipt of the notice by that person. 
(4) In inter partes proceedings, any party who intends to refer at the hearing to any document not 
already mentioned in the proceedings shall, unless the Registrar consents and the other party agrees, give at 
least 10 days notice of his intention with details of, or a copy of, the document to the Registrar and the other 
party. 
(5) After hearing any party or parties desiring to be heard, the Registrar shall decide the matter and 
shall notify all parties of his decision and, if any party so desires, shall give his reasons for the decision. IP/N/lIHKG/P/3 
Page 58 
:Sl4C 
Section: 83 ··Title: 
Heading: 
(1) Subject to subsection (2)-·?AtENTS·(OENERAL' .. '.. .. ...., ... .. } 
RULES 
Hearings in public Version Date: 30/0611997 
(a) any hearing before the Registrar of any dispute between 2 or more parties relating to any 
matter in connection with a patent; and 
(b) any such hearing in connection with an application for a standard patent which takes place 
after the publication of the request to record in accordance with section 20 of the Ordinance, 
shall be held in public. 
(2) After consulting those parties to the dispute who appear in person or are represented at a hearing 
to which subsection (1) applies, the Registrar may direct that the hearing be not held in public. 5!4C Tide: 
Heading: PATENTS (GeNERAL) 
RULES Gazette NUmber: 
Sigmtwre<1cfdveum:enh by Version Dme: 
partnerships.cnmpal'Jtes 
aM associations IP/N/IIHKG/P/3 
Page 59 
3()l06! 1997 
(1) A document signed for or on behalf of a firm shall be signed by its partners, by any partner 
stating that he signs on behalf of the firm or by any other person who satisfies the Registrar that he is 
authorized to sign the document. 
(2) A document signed for or on behalf of a body corporate shall be signed by a director or the 
secretary or other principal officer of the body or by any other person who satisfies the Registrar that he is 
authorized to sign the document. 
(3) A document signed for or on behalf of an unincorporated body or association of persons other 
than a firm may be signed by any person who satisfies the Registrar that he is authorized to sign the 
document. IP/N/lIHKG/P/3 
Page 60 
Chapte:r~ 514C 
Section: 85 Title: 
Heading: PATENTS (GENERAL) Ow;ette Number: 
RULES 
Agents Version Date: 30/0611997 
(l) Except as otherwise required by these Rules, but without prejudice to section 84, any act 
required or permitted to be done under the Ordinance or these rules by or to any person may be done by or 
to an agent authorized by that person. 
(2) In any particular case the Registrar may require the personal signature or presence of any person. 
(3) The Registrar may by notice in writing sent to an agent require him to produce evidence of his 
authority. 
(4) Where, after a person has become a party to proceedings before the Registrar, he appoints an 
agent for the first time or appoints one agent in substitution for another, the newly appointed agent shall, on 
or before the first occasion on which he acts as agent, notify the Registrar of such appointment by filing a 
notice in the specified form. 
(5) The Registrar shall not be bound to recognize as such agent any person who has been convicted 
criminally or struck off the roll of solicitors or the roll of barristers kept under the Legal Practitioners 
Ordinance (Cap 159) or (during the term of his suspension) any person who has been suspended from 
acting as a solicitor or barrister. Chapter: Titk: 
Sectl(m: 86 PAtENTS {GENERAL} 
Rl!LES 
Award ·ofeostsin Versl<m Date: 
pr()Ceedhlgsbefor~ 
Registrar- under seetion49 
ofthe Ordinance IP/N/lIHKG/P/3 
Page 61 
30/0611997 
If, in proceedings before the Registrar under section 49 of the Ordinance, the proprietor of a patent 
offers to surrender it under section 48 of the Ordinance, the Registrar shall, in deciding whether costs should 
be awarded to the person referring the question as to whether an invention is a patentable invention, 
consider whether proceedings might have been avoided if the person referring the question had given 
reasonable notice to the proprietor before the question was referred. IPIN/l/HKG/P/3 
Page 62 
Chapter: 5 lAC Title: PATENTS {GENERAL} Gazette Number: 
RULES 
Section: 87 Heading: Security for costs Version Date: 30106/1997 
If any of the following persons, that is to say-
(a) any person by whom a reference is made to the Registrar under section 13 of the 
Ordinance; 
(b) any person who has referred to the Registrar under section 49 of the Ordinance the question 
as to whether an invention is a patentable invention; 
(c) any person by whom notice of opposition is given to the Registrar under section 48(2) or 
146(2) of the Ordinance, 
neither resides nor carries on business in Hong Kong, the Registrar may require him to give security for the 
costs or expenses of the proceedings and in default of such security being given may treat the reference, 
application or notice as abandoned. Chapten 514(; 
Secthm: 88 BATb"NTS(GENERAL) 
RULES 
lt~llest fQrinfQrmati~n 
under sectian147 of the 
Ordinance 
PART XIII G'.u:zette Number: 
VersJon Date: 
INFORMATION AND INSPECTION IP/N/lIHKG/P/3 
Page 63 
}(}j06/l997 
(1) A request under section 147 ofthe Ordinance-
(a) for information relating to any standard patent or standard patent application, may be made 
as to-
(i) when a request to record has been published; 
(ii) when a standard patent has been granted; 
(iii) in the case of an application for a standard patent which has been published, when an 
application has been withdrawn, is deemed to have been withdrawn or has been 
refused; 
(iv) whether a maintenance fee has not been paid within the period specified in section 
33(2) of the Ordinance; 
(v) when a maintenance fee has been paid within the further period specified in section 
33(4) of the Ordinance; 
(vi) whether a renewal fee has not been paid within the period specified in section 39(2) of 
the Ordinance; 
(vii) when a renewal fee has been paid within the further period specified in section 39(4) 
of the Ordinance; 
(b) for information relating to the grant of any short-term patent, may be made as to-
(i) when a short-term patent has been granted; 
(ii) whether a renewal fee has not been paid within the period specified in section 126(2) 
or (3) of the Ordinance; 
(iii) when a renewal fee has been paid within the further period specified in section 126(5) 
of the Ordinance; 
(c) for information relating to any patent or patent application, may be made as to-
(i) when a patent has ceased to have effect or when an application for restoration of a 
patent has been filed, or both; 
(ii) when an entry has been made in the register or an application has been made for the 
making of such entry; 
(iii) when any application or request is made or action taken involving an entry in the 
register or advertisement in the Gazette, if the nature of the application, request or 
action is specified in the request; and 
(iv) when any document may be inspected in accordance with section 89 or 90. 
(2) Any such request shall be in the specified form and shall be accompanied by the prescribed fee. IP/N/1/HKG/P/3 
Page 64 
SHe Title: 
Section: 89 He@lng: f'ATENTS(GENBRAL) 
RULES 
Re~tritdQ-n o-n lns~('tion .()f • Version Date: 
documents under ~~don 
147. ofthe Ordinan~e 3{)!O6!l9~7 
(1) The following restrictions are prescribed for the purposes of section 147(1) of the Ordinance in 
relation to the giving of information or the inspection of documents-
(a) no document shall be open to inspection until 14 days after it has been filed at the registry; 
(b) documents prepared in the registry solely for use in the registry shall not be open to 
inspection; 
(c) any document sent to the registry, at its request or otherwise, for inspection and subsequent 
return to the sender, shall not be open to inspection; 
(d) no request made under section 49,50(2), 51(2) or 88 or section 147 of the Ordinance shall 
be open to inspection; 
(e) documents in respect of which the Registrar issues directions under section 90 that they are 
to be treated as confidential shall not be open to inspection, except as permitted in 
accordance with that section; and 
(t) any documents issued by the registry which the Registrar considers should be treated as 
confidential shall not be open to inspection unless the Registrar otherwise directs. 
(2) Nothing in section 147 of the Ordinance shall be construed as imposing on the Registrar any duty 
of making available for public inspection, any document or any part of a document-
(a) which in his opinion disparages any person in a way likely to damage him; or 
(b) the publication or exploitation of which would in his opinion be generally expected to 
encourage offensive, immoral or anti-social behaviour. Ghap1er: 514C Title: 
Section: 90 Heading: PAIENTS{GENERAL) 
RULES 
Confidential documents Gazette Number: 
Version Date: IP/N/1/HKG/P/3 
Page 65 
30106/1997 
(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 rule 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. 
(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. IP/N/1/HKG/P/3 
Page 66 
Chapter: SHe Title: 
Section: 9J B~ading: PATENTS (GENERAL) 
RULES Gazett~ Number: 
Sibliograpbk it'tf():rmati()n Version Date: 
for pUr:pasesofsc-ecti(Hl 
147(3) ()ftheOrdirtan~ 30/06/1997 . 
The following bibliographic information is prescribed for the purposes of section 147(3) of the 
Ordinance-
(a) the number of the application; 
(b) the date of filing of the application and, where a statement has been made under section 111 
(1) of the Ordinance, the filing date, country and application number when available of each 
application referred to in that statement; 
(c) the name of the applicant or applicants; 
(d) the title of the invention; 
(e) if the application has been withdrawn, is deemed to have been withdrawn or has been 
refused, that fact; and 
(t) an alteration of name of the applicant or applicants under section 45. Chapter; 514C Title: 
S~ctlon: 92 Heading: PA:11::'NT$ (GeNERAL) 
ROLES 
Request f-OTinfoormatio-ll V~r$ion D~lte: 
where.sectif)1l 147(4) or (5) 
of the Ordinanceap!)Hes IP/N/1/HKG/P/3 
Page 67 
JO!{)6!1997 
(1) Where the circumstances specified in section 147(4) or (5) of the Ordinance exist, a request 
under section 147(1) of the Ordinance shall be accompanied by a statutory declaration verifYing their 
existence and such documentary evidence (if any) supporting the request as the Registrar may require. 
(2) The Registrar shall send a copy of the request, the declaration and the evidence (if any) to the 
applicant for the patent and shall not comply with the request until the expiry of 14 days after that. IP/N/IIHKG/P/3 
Page 68 
514(: 
Section: 93 Heading: PATBNTS(GENBRAL} 
RULES 
Service of documents 
PART XIV 
MISCELLANEOUS Version Date: 30106/1997 
(1) Any notice, application or other document authorized or required by the Ordinance or these 
Rules to be filed with any person or filed at any place, or sent to any person or place, may be sent through 
the post, and the service and filing shall be deemed to be effected by properly addressing, preparing and 
posting a letter containing the document, and, unless the contrary is proved, shall be deemed to have been 
effected at the time at which the letter would be delivered in the ordinary course of post. 
(2) The Registrar may at his discretion permit, as an alternative to the sending by post or delivery, 
the filing or sending of a notice, application or other document in legible form by electronic means subject to 
such terms or conditions as he may specify either generally by notice published in the Gazette or in any 
particular case by written notice to the person desiring to file any the document by such means. Chapter: SHe Title: 
Section: 94 Heading: PATENTS (GENF..R.AL) Gazette Number: 
RULES 
Correction of irregularities Version Date: IP/NI1 IHKG/P/3 
Page 69 
30/0611997 
(1) Subject to subsection (2), any document filed in any proceedings before the Registrar may, ifhe 
thinks fit, be amended, and any irregularity in procedure in or before the registry may be rectified, on such 
terms as he may direct. 
(2) In the case of an irregularity or prospective irregularity-
(a) which consists of a failure to comply with any limitation as to times or periods prescribed in 
these Rules which has occurred, or appears to the Registrar is likely to occur in the absence 
of a direction under this section; 
(b) which is attributable wholly or in part to an error, default or omission on the part of the 
registry; and 
(c) which it appears to be Registrar should be rectified, 
the Registrar may direct that the time or period in question shall be altered but not otherwise. 
(3) Subsection (2) is without prejudice to the Registrar's power to extend any times or periods under 
section 100. IP/N/1/HKG/P/3 
Page 70 
Chl,lpter:: 5!4C 
Section: 95 Titk: 
Heading: PATENTS (OENERAL) Gazette Nu.moor: 
RULES 
Dispensation by Registrar Version Date: 30/0611997 
Where, under these Rules, any person is required to do any act or thing, or any document or evidence 
is required to be produced or filed, and it is shown to the satisfaction of the Registrar that from any 
reasonable cause that person is unable to do that act or thing, or that document or evidence cannot be 
produced or filed, the Registrar may, upon the production of such evidence and subject to such terms as he 
thinks fit, dispense with the doing of any such act or thing, or the production or filing of such document or 
evidence. Chapter: 514C 
Section: 96 Heading: PATENTS (GENERAL) 
RULES 
Evidence DazetteNumber: 
Version Date: IP/N/lIHKG/P/3 
Page 71 
30/0611997 
(1) Where under these Rules evidence may be filed, it shall be by statutory declaration or affidavit. 
(2) The Registrar may if he thinks fit in any particular case take oral evidence in lieu of or in addition 
to such evidence and shall allow any witness to be cross-examined on his affidavit or declaration, unless he 
directs otherwise. IP/N/l/HKG/P/3 
Page 72 
Chapter: 514C 
Section: 97 l?Al'ENTS (GENERAL) 
RIJl.£S GaatteNumber: LK 402 of 
1997 
Statutaryjedarati()ns and Version Date: 
affidavits 25/07/1997 
(1) The statutory declarations or affidavits required by, or used in any proceedings under, the 
Ordinance shall be made and subscribed as follows-
(a) in Hong Kong, before any justice of the peace, notary public or any commissioner or other 
officer authorized by law in Hong Kong to administer an oath for the purpose of any legal 
proceeding; 
(b) in any place outside Hong Kong before any court, judge, justice of the peace, notary public, 
notary, officer or other person authorized by law to administer an oath or to exercise 
notarization functions in that place for the purpose of a legal proceeding. 
(2) A person signing the declaration or affidavit by virtue of section 84 shall state on the declaration 
or affidavit the capacity in which he makes the declaration or affidavit. (L.N. 402 of 1997) 
(3) Any document purporting to have affixed, impressed or subscribed to or on it the seal or 
signature of any person authorized by this section to take a declaration or affidavit, in testimony that the 
declaration or affidavit was made and subscribed before him, may be admitted by the Registrar without 
proof of the genuineness of the seal or signature or of the official character of the person or his authority to 
take the declaration or affidavit. (L.N. 402 of 1997) Chapter: 5.!4C 
Section: 98 f:k.ading: PATENTS (GENERAL) 
RULES Gazette Number: 
·mr~<ldons ast(t furnishing VerskmDate: 
of documents etc. IPINIlIHKG/P/3 
Page 73 
3Df0611997 
At any stage of any proceedings before the Registrar he may direct that such documents, information 
or evidence as he may require shall be furnished within such period as he may fix. IP/N/lIHKG/P/3 
Page 74 
Chapter: 5l4<:; 
Section: 99 Title: 
Heading: PATENTS (D:ENERAL) Oa7fttt~Numb~r; 
R.t}LE.~ 
Appointment of advisers Version Date: 30/0611997 
(1) The Registrar may appoint an adviser to assist him in any proceeding before the Registrar and 
shall settle the question or instructions to be submitted or given to such adviser. 
(2) The Registrar may give directions as to who should be responsible for the payment of the 
remuneration of the advisers. 514C Title: 
Section: 100 Heading: PATENT$(yeNERAL) 
RQI...J£S 
Alteration of time limits Version Date: IP/N/1/HKG/P/3 
Page 75 
30106/1997 
(1) The times or periods prescribed by these Rules for doing any act or taking any proceeding under 
the Rules, other than times or periods prescribed in the provisions mentioned in subsection (2), may be 
extended by the Registrar if he thinks fit, upon such notice to the parties and upon such terms as he may 
direct; and such extension may be granted even though the time or period for doing such act or taking such 
proceeding has expired. 
(2) The provisions referred to in subsection (1) are sections 11, 16, 17,21,23,24,29,35(1),39(1), 
40(2),48(4),53,57,67,68 and 69. IP/N/IIHKG/P/3 
Page 76 
Cl:mpter: 
Se<:tlon: 101 Heading: PATEN'I'S.·{GENERAL) 
RULES 
Publk.ation and.ssle of 
documents Ve:l'$ioo. Date:: JOl06!l997 
The Registrar may arrange for the publication and sale of copies of specifications and other documents 
in the registry and of indexes to, and abridgements or abstracts of, such documents. Chapter: 5He Title: 
Section: 102 Heading: PA:rENTS (GENERAL) 
RULES 
Verification of documents (lazett~ N"!.$mber: 
Version Date: IP/N/IIHKG/P/3 
Page 77 
30/0611997 
A verified copy of a document required to be filed with the Registrar under the Ordinance or these 
Rules shall be deemed to be verified if it is duly certified as a true copy by the person to whose custody the 
original is committed. IP/N/lIHKG/P/3 
Page 78 
Ch~pter: 514C 
Sectkm: Title: 
Heading; PATENTS (GBNER"tL) 
RtiLES 
Adv:eftis~m(!<nts to r~latiOn VersJon Date: 
to register 30fQ6/!997 
The Registrar may arrange for the publication and advertisement of such things done under the 
Ordinance or these Rules in relation to the register as he may think fit. Chapter: 514C 
Section: 104 Heading: pATENTS (GENEm) 
RULES 
Fees Version Date: IP/N/1/HKG/P/3 
Page 79 
30/06/1997 
(1) The fees to be paid in relation to any matter or proceeding under the Ordinance are those 
specified in Schedule 2. 
(2) Fees shall be paid by such means and in such manner as the Registrar directs. IP/N/1/HKG/P/3 
Page 80 
Chapter: SHe 
Section: 105 Title: 
Heading: PATENJ'S(OENERAL) 
RULES 
Interpretation (Part XV) 
PART XV 
TRANSITIONAL Gazette Number: 
Version Date: 
In this Part and in Schedule 3, unless the context otherwise requires-
(a) "Transitional Rules" means the Patents (Transitional Arrangements) 
Rules made under section 158 of the Ordinance; 30/0611997 
(b) terms used which are also used in the Transitional Rules have the same meaning as in those 
Rules. Ch<lpter: 514C Title: 
Section: 106 Heading: PAl'ENTS(GENBRAL) 
RULES 
Entries in the register (l~zette Nwnber: 
Version Date: IP/N/lIHKG/P/3 
Page 81 
30106/1997 
(1) In respect of a standard patent deemed to be granted by virtue of section 3(1) of the Transitional 
Rules, the details to be entered in the register for the purposes of section 13(2) of those Rules shall include­
(a) the name and address of the applicant or applicants; 
(b) the title of the invention; 
(c) the date of filing and the publication number of the application for the corresponding 1949 
Act or 1977 Act patent; 
(d) the date of grant of the corresponding 1949 Act or 1977 Act patent; 
(e) the date of filing of any application under the repealed Ordinance and its application number; 
(t) the date on which the patent was registered under the repealed Ordinance; 
(g) the name and address of the person or persons to whom the standard patent is deemed to be 
granted as on the commencement date, if different to the name in the entry made in 
accordance with paragraph (a); 
(h) the number assigned by the Registrar to the certificate of registration issued under the 
repealed Ordinance. 
(2) In respect of standard patents granted by virtue of section 6, 8 or 9 of the Transitional Rules, the 
Registrar shall cause to be entered into the register-
(a) the name and address of the applicant or applicants; 
(b) the name of the person or persons stated by the proprietor as believed to be the inventor or 
inventors; 
(c) the title of the invention; 
(d) the date of filing and the publication number of the application for the corresponding 1949 
Act or 1977 Act patent; 
(e) the date of grant of the corresponding 1949 Act or 1977 Act patent; 
(t) the date of filing of an application for a standard patent and its application number; 
(g) the address for service of the proprietor; 
(h) the date of filing and the application number of any application declared for the purposes of 
section 98 of the Ordinance and the country or territory in or for which the application was 
made; 
(i) the date on which the patent is granted; 
U) the name and address of the person or persons to whom the standard patent is granted, if 
different to the name in the entry made in accordance with paragraph (a); 
(k) the address for service, if different to the address in the entry made in accordance with 
paragraph (g); 
(I) notice of any transaction, instrument or event referred to in section 52(3) of the Ordinance 
in relation to the patent. 
(3) The Registrar may at any time enter in the register such other particulars as he may think fit. 
(4) Section 43 of these Rules applies, with necessary modification, in relation to an application for a 
standard patent made by virtue of section 7 of the Transitional Rules and to a patent granted in pursuance of 
such an application as it applies in relation to an application for a standard patent based on a designated 
patent application and to a patent granted in pursuance of such an application. IPIN/lIHKG/P/3 
Page 82 
Chapter: 314e 
107 He-adiog: [tAlENTS (GENERAL) 
RULES 
NQd~e(Jf·p:r()P:Qs#d4~"~ti~n VersjQnJ)ate; 
fmm.tb~l'egisteru¥)4~r 
section 13(3) uf the· 
Transitional Rules 3Q/Q6Jl997 
(1) If the Registrar proposes to delete any details in relation to a deemed standard patent from the 
register under section 13(3) of the Transitional Rules, the notice under section 13(6) of those Rules to the 
person named in the register as the proprietor of the deemed standard patent shall specify a period of not 
less than 1 month within which the proprietor may request to be heard in the matter, and if at the expiry of 
that period no such request has been received the Registrar shall make the deletion. 
(2) If the proprietor requests a hearing within the time allowed, the Registrar shall, after giving him 
an opportunity of being heard, determine whether the deletion shall be made. Chapter; S14e Title: 
Sectjon~ PATENTS (GENERAL) 
RULes . 
Appli(:at:i()~llnder se~dou VerskmDate: 
13(4).:of tbeTnmsmonal 
Rules IP/N/1/HKG/P/3 
Page 83 
JO!{)6J1997· 
(1) An application under section 13(4) of the Transitional Rules for the deletion from the register of 
any details in relation to a deemed standard patent shall be in the specified form and shall be filed in 
duplicate. 
(2) The Registrar shall send a copy of the application to any person, other than the applicant, who is 
named in the register as the proprietor of the deemed standard patent. 
(3) If any person who is sent a copy of the application under subsection (2) wishes to oppose the 
application, he ("the opponent") shall, within 3 months from the date of the sending of the copies to him, file 
counter-statement setting out fully the grounds of his opposition; and the Registrar shall send a copy ofthe 
counter-statement to the person making the application and to those recipients of the copy of the application 
who are not party to the counter-statement. 
(4) The counter-statement shall be in the specified form, shall be filed in duplicate and shall be 
accompanied by the prescribed fee. 
(5) The person making the application or any recipient of the counter-statement may, within 3 
months from the date of the sending of the copy of the counter-statement to him, file evidence in support of 
his case and shall send a copy of the evidence-
(a) in any case, to the opponent; and 
(b) in the case of evidence filed by such a recipient, to the person making the application. 
(6) Within 3 months from the date of receipt of the copy of such evidence sent to him or, if no such 
evidence is filed, within 3 months of the expiration of the time within which it might have been filed, the 
opponent may file evidence in support of his case and shall send a copy of the evidence so filed to the 
person making the application and those recipients; and within 3 months from the date on which the copy of 
the opponent's evidence is sent to him, that person or any of those recipients may file further evidence 
confined to matters strictly in reply and shall send a copy of it to the persons mentioned in subsection (5)(a) 
and (b). 
(7) No further evidence shall be filed except by leave or direction of the Registrar. 
(8) The Registrar may give such directions as he may think fit with regard to the subsequent 
procedure. IP/N/1/HKG/P/3 
Page 84 
Chapter: 514C 
Section: Tm~: PATENTS (GENERAL) 
RlJLES 
Applicationlmder section Version Date: 
U(8)ot the Transi#QlIal 
Rules 30106/1997 
An application under section 13(8) of the Transitional Rules shall be in the specified form and shall be 
supported by evidence and the facts upon which the applicant relies. Chapter: 5lAC PA;TENTS{GENERAL) 
RULES 
Rf:qlJest.r~rinformati~n 
un(fer.s~tio:n .147 ·ofthc 
Ordinance IP/N/IIHKG/P/3 
Page 85 
30:O6/!997 
A request under section 147 of the Ordinance for infonnation relating to any existing registered patent 
or pending application for registration of a patent under the repealed Ordinance as mentioned in section 5 of 
the Transitional Rules may be made only as to-
(a) when a certificate of registration was issued under the repealed Ordinance; 
(b) when the patent was first renewed under this Ordinance, 
and section 88(2) of these Rules shall apply accordingly. IP/NIlIHKG/P/3 
Page 86 
Chapter: 5l4C 
Section: Ht Title; PATENTS (GENERAL} 
RULES Oa:rette Number: 
~fodlfjedapplklltit)tl t)f V~fslQn Date: 
tfieSit It:ules toappli~tions 
by virtue ofs(lctions 6, Sand 
9 ofthe Transitional Rules 30!06!J997 
In the application of these Rules in relation to an application for a standard patent by virtue of section 
6, 8 or 9 of the Transitional Rules, the provisions of these Rules specified in column 1 of Part I of Schedule 
3 and of any other provision of these Rules referred to in such provision shall be read subject to the 
modifications specified opposite that provision in column 2 of Part I of that Schedule. Chapter. 514C Title·: 
112 PATENTS (OENERAL) 
RULES Gazett.e Number: 
Modifi(ldappJiiation 9'f Verslon Date: 
tbes!l}Rul~stQ~pplka:tions 
by vjrtU~oHection 1 o:rthe 
Transitional Rules IP/N/lIHKG/P/3 
Page 87 
3OJ06rT997 
In the application of these Rules in relation to an application for a standard patent by virtue of section 
7 of the Transitional Rules, the provisions of these Rules specified in column 1 of Part 11 of Schedule 3 shall 
be read subject to the modifications specified opposite that provision in column 2 of Part 11 of that 
Schedule. IPIN/l/HKG/P/3 
Page 88 
SIAC 
Schedule: 1 Heading: PATI3NTS(OENEft;\L) 
RULES 
MICRO-ORGANISMS Version Date: 30106/1997 
[section 73] 
1. Application 
(1) If an invention which is the subject of an application for a short-term patent, or a short-term 
patent, requires for its performance the use of a micro-organism-
(a) which is not available to the public at the date of filing of the application; and 
(b) which cannot be described in the application or the specification of the patent in such a 
manner as to enable the invention to be performed by a person skilled in the art, 
the invention shall only be regarded as being disclosed for the purposes of section 77 of the Ordinance if the 
conditions set out in subparagraph (2) are satisfied. 
(2) The conditions referred to in subparagraph (1) are that-
(a) not later than the date of filing of the application, a culture of the micro-organism has been 
deposited in a depositary institution which is able to furnish a sample of the micro-organism; 
(b) the name of the depositary institution, the date when the culture was deposited and the 
accession number of the deposit are given in the specification of the application; 
(c) the application as filed gives such relevant information as is available to the applicant on the 
characteristics of the micro-organism; and 
(d) where a new deposit is made under paragraph 3, the applicant or proprietor makes a new 
deposit in accordance with that paragraph. 
(3) The information specified in subparagraph (2)(b) shall be submitted­
(a) together with the request for grant of a short-term patent; or 
(b) within 1 month after the Registrar has communicated to the applicant that a right for 
information and inspection of documents under section 147(5) of the Ordinance exists, 
whichever is the earlier. 
(4) The giving of the information specified in subparagraph (2)(b) shall constitute the unreserved and 
irrevocable consent of the applicant to the deposited culture (including a deposited culture which is to be 
treated as having always been available by virtue of paragraph 3(2)) being made available in accordinance 
with this Schedule to any person as from the date of grant of the short-term patent or prior to that date to 
any person having the right to information and inspection of documents under section 147(5) of the 
Ordinance subject to-
(a) the production of the Registrar's notice of confirmation regarding the release to the person 
who is named in the notice of confirmation as a person to whom the culture may be made 
available; and 
(b) the making of a valid request, to the depositary institution with which the culture is 
deposited, for the culture to be made available. 
2. Availability of cultures 
(1) A request to the Registrar for the issue of a notice of confirmation regarding the release of a 
deposited culture shall be in the specified form and shall be filed in quadruplicate. 
(2) The Registrar shall send copies of the forms lodged with him under subparagraph (1) and of his 
notice of confirmation regarding the release of the sample-
(a) to the applicant for, or proprietor of, the patent; 
Cb) to the depositary institution; and 
(c) to the person making the request. 
(3) A request under subparagraph (1) shall comprise, on the part of the person making the request, 
undertakings for the benefit of the applicant for, or proprietor of, the patent-IP/N/lIHKGIP13 
Page 89 
(a) not to make the culture, or any culture derived from it, available to any other person; and 
(b) not to use the culture, or any culture derived from it, otherwise than for experimental 
purposes relating to the subject-matter of the invention, 
and, in this subparagraph, references to a culture derived from a deposited culture of a micro-organism are 
references to a culture so derived which exhibits those characteristics of the deposited culture essential for 
the performance of the invention. 
(4) Further to subparagraph (3)-
(a) and subject to sub-subparagraph (c), both undertakings shall have effect during any period 
before the application for a patent has been withdrawn, is deemed to have been withdrawn 
or has been refused (including any further period allowed under section 94 or 100 of these 
Rules but excluding, where an application is reinstated under either of those sections, the 
period before it is reinstated); 
(b) if a patent is granted on the application, the undertaking set out in subparagraph (3)(a) shall 
also have effect during any period for which the patent is in force and during the further 
period of6 months referred to in section 126(5) of the Ordinance; and 
(c) the undertaking set out in subparagraph (3)(b) shall not have effect after the date of 
publication in the Gazette of a notice advertising that the patent has been granted. 
(5) For the purpose of enabling any Government use specified in section 69 of the Ordinance in 
relation to the culture, the undertakings specified in subparagraph (3)-
(a) shall not be required from any Government department or person authorized in writing by a 
Government department for the purposes of this paragraph; and 
(b) shall not have effect in relation to any such person who has already given the undertakings. 
(6) An undertaking given pursuant to subparagraph (3) may be varied by way of derogation by 
agreement between the applicant or proprietor and the person by whom it is given. 
(7) Where, in respect of a patent to which the undertaking set out in subparagraph 3(a) has effect, a 
compulsory licence is granted under section 64 of the Ordinance, that undertaking shall not have effect to 
the extent necessary for effect to be given to any such licence. 
3. New deposits 
(1) Where the depositary institution with which a deposit or a new deposit of a culture has been 
made under this Schedule-
(a) notifies the applicant or proprietor that it-
(i) cannot satisfy a request made in accordance with paragraph 2(1); or 
(ii) is not able lawfully, to satisfy such a request, for the culture to be made available; 
(b) ceases temporarily or permanently to carry out the functions of a depositary institution; or 
(c) ceases for any reason to conduct its activities as a depositary institution in an objective and 
impartial manner, 
then subject to subparagraph (3), the applicant or proprietor may, unless the culture has been transferred to 
another depositary institution which is able to make it available, make a new deposit of a culture of that 
micro-organism. 
(2) For the purposes of paragraph 1 and of this paragraph, the deposit shall be treated as always 
having been available if, within 3 months of the receipt of such notification or of the depositary institution 
ceasing to perform the functions of a depositary institution or to conduct its activities as such an institution in 
an objective and impartial manner, the applicant or proprietor,-
(a) in a case where the deposit has not already been transferred, makes the new deposit; 
(b) furnishes to the depositary institution with which the new deposit is made a declaration that 
the culture so deposited is of the same micro-organism as was the culture originally 
deposited; and 
(c) requests amendment of the specification under section 46 or 120 of the Ordinance, as the 
case may be, so as to indicate the accession number of the transferred or new deposit and, 
where applicable, the name of the depositary institution with which the deposit has been 
made. 
(3) The new deposit referred to in subparagraph (1)-IP/N/1/HKG/P/3 
Page 90 
(a) shall, except as provided in sub-subparagraph (b), be made with the same depositary 
institution as was the original deposit; or 
(b) in the cases referred to in subparagraph (l)(a)(ii), (b) and (c), shall be made with another 
depositary institution which is able to satisfy the request. 
4. Interpretation of Schedule 
(1) In this Schedule-
"the Budapest Treaty" means the Treaty on the International 
Recognition of the Deposit of Micro-organisms for the purposes of Patent Procedure 
done at Budapest in 1977; and 
"international depositary authority" means a depositary institution 
which has acquired the status of international depositary authority as provided in Article 7 
of the Budapest Treaty. 
(2) For the purposes of this Schedule a "depositary institution" is an institution which, at all relevant 
times-
(a) carries out the functions of receiving, accepting and storing micro-organism and the 
furnishing of samples thereof; and 
(b) conducts its affairs in so far as they relate to the carrying out of those functions in an 
objective and impartial manner. IP/N/IIHKG/P/3 
Page 91 
{)ATENTS(GBNEQ\L) 
RULES 
Schedule: 2 Heading: FEES Version Date: 30106/1997 
Fee No. Matter or proceeding Amount 
$ 
1 On reference under section 13(1)(a), 13(1)(b) or 14(5) of the 700 
Ordinance made to the Registrar to apply for grant of standard 
patent or licence or whether the period or terms of a licence are 
reasonable 
2 On filing of notice of opposition or counter-statement under 1200 
section 3(4), 4(4), 7(4), 37(5), 38(5), 40(3) or (4),41(3),48(5) or 
(6) or 108(3) 
3 On application under section 13(5) of the Ordinance for 700 
authorization by the Registrar to carry out directions under section 
13(3)(c) or (4) of the Ordinance on behalf ofthe person to whom 
the directions were given 
4 On filing request to record a designated patent application under 1400 
section 15 or 22 of the Ordinance 
5 On filing request for registration of a designated patent and grant 1400 
of a standard patent under section 23 of the Ordinance 
6 On filing application for grant of a short-term patent under section 2800 
113, 116 or 125 of the Ordinance [section 104] 
7 Advertisement fee for request to record, or for request for Such amount as is fixed 
registration and grant by the Registrar with the 
approval of the Financial 
Secretary and published 
in the Gazette. 
8 Advertisement fee for application for grant of a short-term patent Such amount as is fixed 
by the Registrar with the 
approval of the Financial 
Secretary and published 
in the Gazette. 
9 Additional fee for late payment of filing fee or advertisement fee 350 
for request to record, or for request for registration and grant 
10 Additional fee for late payment of filing fee or advertisement fee 350 
for application for grant of a short-term patent IP/N/lIHKG/P/3 
Page 92 
11 On application for maintenance of a standard patent application-
Application for maintenance for a further year after the expiry 
of the 5th year 1000 
Application for maintenance of any succeeding year thereafter 
1000 
12 Additional fee for late payment of a maintenance fee under section 350 
33(4) of the Ordinance 
13 Request for renewal of a standard patent-
Request for renewal for a further year after the expiry of the 2000 
3rd year 
Request for renewal of any succeeding year thereafter 2000 
14 Additional fee for late payment of a renewal fee under section 1000 
39(4) of the Ordinance 
15 Request for renewal of a short-term patent 4000 
16 Additional fee for late payment of a renewal fee under section 1000 
126(5) of the Ordinance 
17 On application to restore a withdrawn standard patent application 1500 
due to non-payment of maintenance fee under section 34 of the 
Ordinance 
On application to restore a lapsed standard patent under section 40 1500 
of the Ordinance 
On application to restore a lapsed short-term patent under section 1500 
127 of the Ordinance 
18 Additional fee for reinstatement of a withdrawn patent application 1500 
under section 28 or 123 of the Ordinance 
Additional fee for restoration of rights under section 29 or 123 of 1500 
the Ordinance 
19 Mention of inventor under section 45 of the Ordinance 500 
20 On application to revoke a standard patent under section 44(4) of 700 
the Ordinance 
On reference to the Registrar under section 49 of the Ordinance to 700 
revoke a patent 
21 On application to register or to give notice of rights acquired in or 1200 
under a patent or an application for a patent under section 46 
22 On request for correction of an error under section 51 (2)(b )(ii) or 500 
146 of the Ordinance 
23 Request for information under section 49 or 88. 100 
24 Request for inspection of the register or request for inspection of 100 
documents under section 147 of the Ordinance (Per 30 minutes or 
part thereof) IP/N/1/HKG/P/3 
Page 93 
25 Extension fee under section 17, 24, 29, 68 or 100 800 
26 Penalty fee for late filing of translation under section 104 of the 700 
Ordinance or sections 17(4),24(4),56 or 68 of these Rules 
27 Request to publish a corrected translation under section 106(3) of 700 
the Ordinance 
28 Request for certified copy of an entry in the register or certified 350 
extract from the register under section 51(6) of the Ordinance. 
Request for a certificate for the purposes of section 51(10) of the 
Ordinance 350 
29 For certifying office copy or photographic or printed matter, other 350 
than a certified copy of an entry in the register or a certified 
extract from the register 
30 F or providing uncertified copy or printout of an entry in the 6 
register, of an extract from the register or of a document (For each 
page or portion of a page) IP/N/lIHKG/P/3 
Page 94 
Chapter: 514C 
S~hedule: ,3 Thle: PATENTS (GENERAL) 
RULES GazetwNumb~t: 
MOOn'IEl) APPUCATION Version Date: 30/06/1997 
OF THESE RULES TO 
APPLlCATIONSI"QR 
STANDARD PATENTS BY 
VIRTllEQftHE 
TRANSITIONAL R.ULES 
PART I [sections 105, 111 & 112] 
APPLICATION FOR A STANDARD PATENT BY VIRTUE OF 
SECTIONS 6, 8 AND 9 OF THE TRANSITIONAL RULES 
Section 19 Provision of 
these Rules 
Section 19(1) Modification 
For" designated patent" wherever it appears read "patent". 
For "section 23(1) of the Ordinance" read "section 6, 8 or 9 of the 
Transitional Rules". 
PART 11 
APPLICATION FOR A STANDARD PATENT BY VIRTUE OF 
SECTION 7 OF THE TRANSITIONAL RULES 
Provision of 
these Rules 
Section 8(1) 
Section 19 Modification 
(a) For "a designated patent application" read­
"any of the following applications, namely-
(a) an application in the United Kingdom Patent 
Office for a 1977 Act patent, which application 
has been published under the law of the United 
Kingdom Patent Office; 
(b) an application in the European Patent Office 
for a European patent (UK), which application 
has been published under the law of the 
European Patent Office; 
(c) an international application which has been 
published and which has validly entered its 
national phase in the United Kingdom Patent 
Office or the European Patent Office (as the 
case may be)". 
(b) For the passage beginning "section 15" and ending 
"Ordinance)", read "section 7 of the Transitional Rules". 
For "designated patent" read "patent". Section 19(1) IP/N/lIHKG/P/3 
Page 95 
For "section 23(1) of the Ordinance" read "section 7 of the 
Transitional Rules". 