### Patents Ordinance 《專利條例》

83. Right to continue use begun before priority date
(1) A person has the rights specified in subsection (2) if the person, in Hong Kong and before the material date of a patent—
(a) does in good faith an act that would constitute an infringement of the patent if the patent were in force; or
(b) makes in good faith effective and serious preparations to do such an act. (Replaced 17 of 2016 s. 75)
(2) The rights referred to in subsection (1) are—
(a) the right to continue to do or, as the case may be, to do the act referred to in subsection (1);
(b) if such act was done or preparations had been made to do it in the course of a business—
(i) in the case of an individual—
(A) the right to assign the right to do it or to transmit such right on death; or
(B) the right to authorize the doing of that act by any of his partners for the time being in the business in the course of which the act was done or preparations had been made to do it;
(ii) in the case of a body corporate, the right to assign the right to do it or to transmit such right on the body’s dissolution,
and the doing of that act by virtue of this subsection shall not amount to an infringement of the patent concerned.
(3) The rights specified in subsection (2) shall not include the right to grant a licence to any person to do an act referred to in subsection (1).
(4) Where a patented product is disposed of to another in exercise of a right conferred by subsection (2), that other and any person claiming through him may deal with the product in the same way as if it had been disposed of by a registered proprietor of the patent.
[cf. 1992 No. 1 s. 55 Eire]

### Patents Ordinance 《專利條例》

84. Certificate of contested validity of patent
(1) If in any proceedings before the court the validity of a patent to any extent is contested and that patent is found by the court to be wholly or partially valid, the court may certify the finding and the fact that the validity of the patent was so contested.
(2) Where a certificate is granted under this section, then if, in any subsequent proceedings before the court for infringement of the patent concerned or for revocation of the patent, a final order or judgment is made or given in favour of the party relying on the validity of the patent that party shall, unless the court otherwise directs, be entitled to his costs on the indemnity basis within the meaning of that term as appearing in Order 62 rule 28 of the Rules of the High Court (Cap. 4 sub. leg. A) (other than the costs of any appeal in the subsequent proceedings). (Amended 25 of 1998 s. 2; E.R. 4 of 2020)
[cf. 1977 c. 37 s. 65 U.K.]

85. Proceedings for infringement by a co-owner
(1) In the application of section 73 to a patent of which there are 2 or more joint proprietors the reference to the proprietor shall be construed—
(a) in relation to any act, as a reference to that proprietor or those proprietors who, by virtue of section 54 or any agreement referred to in that section, is or are entitled to do that act without its amounting to an infringement; and
(b) in relation to any consent, as a reference to that proprietor or those proprietors who, by virtue of section 54 or any such agreement, is or are the proper person or persons to give the requisite consent.
(2) One of 2 or more joint proprietors of a patent may without the concurrence of the others bring proceedings in respect of an act alleged to infringe the patent, but shall not do so unless the others are made parties to the proceedings, but any of the others made a defendant in pursuance of this subsection shall not be liable for any costs or expenses unless he enters an appearance and takes part in the proceedings.
[cf. 1977 c. 37 s. 66 U.K.]

### Patents Ordinance 《專利條例》

86. Proceedings for infringement by exclusive licensee
(1) Subject to this section, the holder of an exclusive licence under a patent shall have the same right as the proprietor of the patent to bring proceedings in respect of any infringement of the patent committed after the date of the licence; and references to the proprietor of the patent in the provisions of this Ordinance relating to infringement shall be construed accordingly.
(2) In awarding damages or granting any other relief in any such proceedings the court shall take into consideration any loss suffered or likely to be suffered by the exclusive licensee as such as a result of the infringement, or, as the case may be, the profits derived from the infringement, so far as it constitutes an infringement of the rights of the exclusive licensee as such.
(3) In any proceedings taken by an exclusive licensee by virtue of this section the proprietor of the patent shall be made a party to the proceedings, but if made a defendant in pursuance of this subsection shall not be liable for costs or expenses unless he enters an appearance and takes part in the proceedings.
[cf. 1977 c. 37 s. 67 U.K.]

87. Effect of non-registration on infringement proceedings
Where a person becomes the proprietor or one of the proprietors or an exclusive licensee of a patent by virtue of a transaction, instrument or event to which section 52 applies, then unless—
(a) an application for registration of the prescribed particulars of the transaction, instrument or event is made before the end of the period of 6 months beginning with its date; or
(b) the court is satisfied that it was not practicable for such an application to be made before the end of that period and that an application was made as soon as practicable thereafter,
he is not entitled to damages or an account of profits in respect of any infringement of the patent occurring after the date of the transaction, instrument or event and before the prescribed particulars of the transaction, instrument or event are registered.
[cf. 1977 c. 37 s. 68 U.K.]