### Patents Ordinance 《專利條例》

37G. Application may be made alone or jointly
(1) An application for a standard patent (O) for an invention may be made by a person alone or jointly with any other person.
(2)  Subject to any determination under section 37H, for the purpose of proceedings before the Registrar, the applicant is to be regarded as being entitled to apply for a standard patent (O) for the invention. 

37H. Determination before grant of questions as to who may apply
(1) At any time before a standard patent (O) has been granted for an invention—
(a) whether or not a standard patent (O) application for the invention has been filed, a person may refer to the Registrar or the court the question whether the person is entitled, whether alone or jointly with any other person, to apply for a standard patent (O) for the invention; or
(b) if such an application has been filed, any of the joint proprietors of the application may refer to the Registrar or the court the question whether any right in or under the application should be transferred or granted to any other person.
(2) The Registrar or the court may make an order that the Registrar or the court thinks fit to give effect to a determination on the question referred.

### Patents Ordinance 《專利條例》

37I. Powers of Registrar and court if standard patent (O) application has been filed
(1) Without limiting section 37H(2), if a question is referred to the Registrar or the court under section 37H(1) after a standard patent (O) application has been filed—
(a) the Registrar or the court may order that the application must proceed in the name of the person who makes the reference, or in joint names of that person and any other person;
(b) the Registrar or the court may order that, because of the reference, the standard patent (O) must not be granted;
(c) the Registrar or the court may order the application to be amended, subject to section 103(2), so as to exclude any matter to which the question relates; or
(d) the Registrar or the court may—
(i) make an order transferring or granting a licence or other right in or under the application; and
(ii) give directions to any person for carrying out the provisions of the order.
(2) No order may be made under subsection (1) unless notice of the reference is given in the prescribed manner to each person who, not being a party to the reference, is—
(a) an applicant named in the standard patent (O) application; or
(b) a person alleged in the reference to have the right to apply for a standard patent (O) for the invention, whether alone or jointly with any other person, because of any transaction, instrument or event relating to—
(i) the invention; or
(ii) the standard patent (O) application.
(3) A person who receives a notice under subsection (2) may oppose the making of the order, which is sought in the reference.
(4) If a person (person A

37J. Registrar and court may order new standard patent (O) application under certain circumstances
(1) This section applies if—
(a) a question is referred to the Registrar or the court under section 37H(1)(a) after a standard patent (O) application (earlier application

### Patents Ordinance 《專利條例》

37L. Requirements of standard patent (O) application
(1) A standard patent (O) application must—
(a) be signed by the applicant; and
(b) be filed with the Registrar in the prescribed manner.
(2) A standard patent (O) application must contain—
(a) a request for the grant of a standard patent (O);
(b) a specification that provides for—
(i) a description of the invention which is the subject of the application;
(ii) at least one claim; and
(iii) any drawing referred to in the description or the claim or claims;
(c) an abstract;
(d) if the applicant desires to claim non-prejudicial disclosure of the invention under section 37B(2)(b)(ii), the statement and evidence required under section 37B(3);
(e) if the applicant desires to take advantage of the priority of a previous application, a statement of priority and a copy of the previous application required under section 37E(1); and
(f) if the invention requires for its performance the use of a micro-organism, information on the availability of samples of the micro-organism to the public (if any).
(3) A standard patent (O) application—
(a) must state the name and address of the applicant;
(b) must—
(i) identify each inventor of the invention; and
(ii) specify the last known address of each inventor (unless the inventor is also the applicant);
(c) if the applicant is not an inventor, must contain a statement in the specified form indicating how the applicant becomes entitled to apply for a standard patent (O) for the invention; and
(d) must specify an address in Hong Kong for service of documents.
(4) A standard patent (O) application must also comply with the requirements of this Ordinance on providing information in, or translating documents into, one or both official languages.
(5) A filing fee and an advertisement fee are payable within the prescribed time.
(6) If any of the fees is not paid within the prescribed time or the grace period provided in the rules, the application is to be regarded as being withdrawn.
(7) The rules may—
(a) provide that a standard patent (O) application must or may contain a title of the invention and a designation of the classification of the invention; and
(b) provide for the requirements of a standard patent (O) application for an invention that involves nucleotide and amino acid sequences.
(8) This section does not prevent a standard patent (O) application from being initiated by documents complying with section 37M(3).

### Patents Ordinance 《專利條例》

37M. Date of filing of standard patent (O) application
(1) For the purpose of according a date of filing to a standard patent (O) application, the Registrar must examine the application to ascertain—
(a) whether it complies with the requirement specified in subsection (3) (minimum requirement

37N. Filing of missing description or missing drawing
(1) The Registrar may, by written notice, require the applicant of a standard patent (O) application to file a missing description or missing drawing in the prescribed manner and within the prescribed time.
(2) The applicant may also, on the applicant’s own initiative, file a missing description or missing drawing in the prescribed manner and within the prescribed time.
(3) If the standard patent (O) application has been accorded a date of filing in accordance with section 37M(2), then on the filing of a missing description or missing drawing, the date of filing is to be changed to the date on which the description or drawing is filed.
(4) The Registrar must, by written notice, inform the applicant of the change of the date of filing.
(5) Subsection (3) does not apply if—
(a) the applicant has claimed priority of a previous application under section 37E;
(b) the missing description or missing drawing is completely contained in the previous application;
(c) when filing the description or drawing, the applicant makes, in accordance with the rules, a request that the date of filing accorded in accordance with section 37M(2) remains unchanged; and
(d) the applicant files within the prescribed time—
(i) a copy of the previous application;
(ii) if the previous application is not in one of the official languages, its translation in one of the official languages; and
(iii) a statement indicating the location of the description or drawing in the previous application and, if applicable, in its translation.
(6) In this section—
missing description (欠交說明) means a part of the description of an invention referred to in section 37L(2)(b)(i), that has not been filed in a standard patent (O) application;
missing drawing (欠交繪圖) means a drawing referred to in section 37L(2)(b)(iii), that has not been filed in a standard patent (O) application.