### Patents Ordinance 《專利條例》

107. Amendment to patent or patent application to be in authentic text
An amendment to the specification of a patent or to an application for a patent may only be made in the language of the authentic text of the patent or application.

108A. Interpretation of Division 1 of Part 15
In this Division—
Hong Kong application (香港申請) means a standard patent (O) application or short-term patent application;
non-Hong Kong application (非香港申請) means an application for a patent or other protection in or for a Paris Convention country or WTO member country, territory or area, other than a patent application under this Ordinance.
(Added 17 of 2016 s. 96)

109. Non-prejudicial disclosure
For the purposes of section 9B, a disclosure of an invention shall not be taken into consideration if it occurred no earlier than 6 months before the filing of the short-term patent application and if it was due to, or in consequence of— (Amended 17 of 2016 s. 97)
(a) an evident abuse in relation to the applicant or a proprietor of the invention for the time being; or
(b) the fact that the applicant or a proprietor of the invention for the time being had displayed the invention at an official, or officially recognized, international exhibition falling within the terms of the Convention on International Exhibitions signed at Paris on 22 November 1928 as applying to Hong Kong,
but paragraph (b) shall apply only if the short-term patent application as filed contains a statement to the effect that the invention had been so displayed and contains the prescribed written evidence in support of the statement.
(Amended 17 of 2016 s. 97)[cf. EPC Art. 55]

### Patents Ordinance 《專利條例》

110A. Restoration of priority right
(1) This section applies if—
(a) a person files a non-Hong Kong application or Hong Kong application for an invention; and
(b) the person or the person’s successor in title files a subsequent short-term patent application for the same invention within 2 months after the expiry of the 12-month period referred to in section 110(1A).
(2) The applicant of the subsequent short-term patent application may apply to the Registrar for restoring the priority right of the patent application.
(3) The application for restoring the priority right (restoration application

111. Claiming priority
(1) An applicant for a short-term patent desiring to take advantage of the priority of a previous application must file, in the prescribed manner and within the prescribed time, a statement of priority and a copy of the previous application. (Amended 17 of 2016 s. 101)
(2) Multiple priorities may be claimed in respect of a short-term patent application, notwithstanding the fact that they originated in different countries, and where appropriate, multiple priorities may be claimed for any one claim.
(3) Where multiple priorities are claimed, time limits which run from the date of priority shall run from the earliest date of priority.
(4) If one or more priorities are claimed in respect of a short-term patent application, the right of priority shall cover only those elements of the short-term patent application which are included in the application or applications whose priority is claimed.
(5) If certain elements of the invention for which priority is claimed do not appear among the claims formulated in the previous application, priority may nonetheless be granted if the documents of the previous application as a whole specifically disclosed such elements.
(6) Subject to section 127C(3)(a), where a statement of priority is filed in accordance with this section, the applicant shall for the purpose of proceedings before the Registrar be deemed to be entitled to enjoy the right of priority shown in the statement. (Amended 17 of 2016 s. 101)

### Patents Ordinance 《專利條例》

112. Effect of priority right
(1) The right of priority shall have the effect that the date of priority of the previous application claimed under section 111 shall be regarded as being the date of priority of the short-term patent application for the purposes of this Ordinance. (Amended 17 of 2016 s. 102)
(2) Where a short-term patent application is filed and the priority of a previous application is claimed under section 111, then, notwithstanding anything contained in this Ordinance, the short-term patent application and any short-term patent granted in pursuance of it shall not be invalidated by reason only of the fact that any subject-matter disclosed in the previous application was made available to the public at any time after the date of filing of the previous application.
[cf. EPC Art. 89]

112A. Application may be made alone or jointly
(1) An application for a short-term patent for an invention may be made by a person alone or jointly with any other person.
(2) For the purpose of proceedings before the Registrar, the applicant is to be regarded as being entitled to exercise the right to the short-term patent.
(Added 17 of 2016 s. 103)

### Patents Ordinance 《專利條例》

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

114A. Filing of missing description or missing drawing
(1) The Registrar may, by written notice, require the applicant of a short-term patent 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 short-term patent application has been accorded a date of filing in accordance with section 114(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 111;
(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 114(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 113(1A)(b)(i), that has not been filed in a short-term patent application;
missing drawing (欠交繪圖) means a drawing referred to in section 113(1A)(b)(iii), that has not been filed in a short-term patent application.
(Added 17 of 2016 s. 107)