Directions for advertisement of application to amend patent under s.46 Patent Ordinance cap.514.
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 5413 OF 1998
____________________ and IN THE MATTER OF THE PATENTS ORDINANCE NO. 52 OF 1997 ____________________
IN THE MATTER OF THE PATENTS ORDINANCE NO. 52 OF 1997
Coram: Hon. Madam Justice Yuen in Court
Date of hearing: 10 December 1998
Date of giving of Directions: 10 December 1998
D I R E C T I O N S
1. This is an application by Notice of Motion for orders that the specification and claims in a Hong Kong patent be amended in the recordsof the Hong Kong Patent Registry to correspond with amendments made to the corresponding UK Patent upon which UK Patent the saidHong Kong registration was founded.
2. Since this appears to be the first such application after the passing of the Patent Ordinance of 1997, it may be helpful for me toset out the requirement for advertisement which, in my view, should be complied with before the court would, in the exercise of itsdiscretion under section 46 of the Patent Ordinance, exercise its power to amend the specification after grant.
3. Section 46(4) provides that
4. However, it would appear that there are no rules of court which provide for the giving of notice to any parties who might wish tooppose an application.
5. Accordingly, before I can consider the application in this case, I think I would order the applicant to advertise in the Gazette (in English being the language of the original application), the advertisement to include the identification of the pending proceedingsin which leave is proposed to be applied for, and setting out full particulars of the amendment sought, stating the applicant’s addressfor service in Hong Kong and stating that any person intending to oppose the amendment must within 28 days after the appearance ofthe advertisement give written notice of his intention to the applicant. A person who gives notice in accordance with the advertisementshall be entitled to be heard on the application subject to any direction of the court as to costs.
6. These directions follow roughly Order 104 rule 3 of the English Rules of Court.
7. As far as the present application is concerned, I would adjourn the hearing of the Motion to not before 56 days from today to enablethe applicant to place the advertisement in the Gazette and for suitable lead time before the matter comes back to court.
Mr. Hancock of M/s Robin Bridge & John Liu for Applicant