### Patents Ordinance 《專利條例》

5. Meaning of published
(1)  In this Ordinance, unless the context otherwise requires—
(a) published (發表) means made available to the public (whether in Hong Kong or elsewhere); and
(b) a document shall be taken to be published under any provision of this Ordinance if it can be inspected as of right at any place in Hong Kong by members of the public, whether on payment of a fee or not.

(2) Without prejudice to subsection (1), and unless the context otherwise requires, a reference in this Ordinance—
(a) to the grant of a standard patent (R) being published is a reference to its being published under section 27; (Amended 17 of 2016 s. 8)
(b) to a request to record being published is a reference to its being published under section 20;
(c) to a designated patent being published is a reference to its being published by the designated patent office by which the patent was granted for the purposes of the law of that office relating to applications for and the granting of patents;
(d) to a designated patent application being published is a reference—
(i) except as provided in subparagraph (ii), to its being published by the designated patent office in which the application was made;
(ii) in the case of a designated patent application based on an international application, to the international application being published by the International Bureau under the Patent Cooperation Treaty, or by the designated patent office in which the application was made, whichever is the earlier;
(da) to a standard patent (O) application being published is a reference to its being published under section 37Q; (Added 17 of 2016 s. 8)
(db) to the grant of a standard patent (O) being published is a reference to its being published under section 37X; (Added 17 of 2016 s. 8)
(e) to a short-term patent being published is a reference to its being published under section 118.

### Patents Ordinance 《專利條例》

6. Other references
(1) Unless the context otherwise requires, a reference in this Ordinance to a patent is a reference to a standard patent or a short-term patent granted under this Ordinance.
(2) Unless the context otherwise requires, a reference in this Ordinance to an international agreement is a reference to—
(a) the agreement, or any other international agreement replacing it, as may from time to time be amended or supplemented by or in accordance with any international agreement (including any protocol or annex);
(b) any instrument made under any such agreement to provide for amendment to or supplementation of the agreement.
(3) Unless the context otherwise requires, a reference in this Ordinance to an enactment or law of a country, territory or area other than Hong Kong shall be construed as a reference to that enactment or law as it may from time to time be amended or extended by or under any other enactment or law of the country, territory or area.
(4) Unless the context otherwise requires, a reference in this Ordinance to an invention being worked in Hong Kong includes a reference to the invention being worked by importation into Hong Kong for the purpose of putting the patented product on the market or stocking it for that purpose.
(5) For the purposes of this Ordinance, a matter shall be taken to have been disclosed in any designated patent application or standard patent (O) application, or in the specification of a patent or a designated patent, if it was either claimed or disclosed (otherwise than by way of disclaimer or acknowledgment of prior art) in any such application or specification. (Amended 17 of 2016 s. 9)
[cf. 1977 c. 37 s. 130(3) U.K.]

7. Provisions regarding filing of documents, etc.
In this Ordinance, unless the context otherwise requires, a reference providing for the filing of any document with the Registrar shall be deemed to include a reference requiring the payment of any fee that may be prescribed for the filing of that document, and a document shall be deemed not to be duly filed for the purposes of this Ordinance unless any such fee as may be prescribed for the filing of the document is paid as so prescribed.

8. Designation of patent offices
The Chief Executive in Council may for the purposes of this Ordinance by notice published in the Gazette designate a patent office established under the law of any country, territory or area other than Hong Kong or established under any international agreement.
(Amended 22 of 1999 s. 3)

### Patents Ordinance 《專利條例》

9. Special provision regarding invention covered by 2 or more patents
Where there are in effect 2 or more patents for the same invention, any use of the invention which does not constitute an infringement of any one such patent (whether by virtue of consent given by the proprietor, a compulsory licence having effect under Part 8, the provisions of Part 9 relating to Government use, an import compulsory licence having effect under Part 9A or an export compulsory licence having effect under Part 9B) shall not constitute an infringement of the other such patent.
(Amended 21 of 2007 s. 4; 17 of 2016 s. 10)

9A. Patentable inventions
(1) An invention is patentable if it—
(a) is new;
(b) involves an inventive step; and
(c) is susceptible of industrial application.
(2) The following are not to be regarded as an invention for the purposes of subsection (1)—
(a) a discovery, scientific theory or mathematical method;
(b) an aesthetic creation;
(c) a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer; and
(d) a presentation of information.
(3) Subsection (2) excludes the patentability of the subject-matter or activities referred to in that subsection only to the extent to which a patent or patent application relates to the subject-matter or activities as such.
(4) A method for the treatment of the human or animal body by surgery or therapy, or a diagnostic method practised on the human or animal body, is not to be regarded as an invention that is susceptible of industrial application for the purposes of subsection (1). However, this subsection does not apply to a product, and in particular a substance or composition, for use in any such method.
(5) An invention the publication or working of which would be contrary to public order (“ordre public”) or morality is not a patentable invention. However, the working of an invention is not to be regarded as so contrary only because it is prohibited by any law in force in Hong Kong.
(6) The following are not patentable—
(a) a plant or animal variety; and
(b) an essentially biological process for the production of plants or animals (other than a microbiological process or its products).

9B. Novelty
(1) An invention is to be regarded as new if it does not form part of the state of the art. 
(2) For a patent application for an invention (subject application