### Patents Ordinance 《專利條例》

54. Co-ownership of patents and applications for patents
(1) Where a patent is granted to 2 or more persons each of them shall, subject to any agreement to the contrary, be entitled to an equal undivided share in the patent.
(2) Where 2 or more persons are proprietors of a patent, then, subject to this section and to any agreement to the contrary, each of them shall be entitled, by himself or his agent, to do in respect of the invention concerned, for his own benefit and without the consent of or the need to account to the other or others, any act which would apart from this subsection and sections 68 and 69 amount to an infringement of the patent concerned; and any such act shall not amount to an infringement of the patent concerned.
(3) Subject to sections 13, 37H, 37I, 37J and 55 and to any agreement for the time being in force, where 2 or more persons are proprietors of a patent one of them shall not without the consent of the other or others— (Amended 17 of 2016 s. 57)
(a) make an application for amending the specification of the patent or for revoking the patent; or
(b) grant a licence under the patent, or assign or mortgage a share in the patent. (Amended 17 of 2016 s. 57)
(4) Subject to those sections, where 2 or more persons are proprietors of a patent, anyone else may supply one of those persons with the means, relating to an essential element of the invention, for putting the invention into effect, and the supply of those means by virtue of this subsection shall not amount to an infringement of the patent.
(5) Where a patented product is disposed of by any of 2 or more proprietors to any person, that person and any other person claiming through him shall be entitled to deal with the product in the same way as if it had been disposed of by a sole registered proprietor.
(6) Nothing in subsection (1) or (2) shall affect the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as such.
(7) This section shall have effect in relation to an application for a patent as filed as it has effect in relation to a patent and—
(a) references to a patent and a patent being granted shall accordingly include references respectively to any such application and to the application being filed; and
(b) the reference in subsection (5) to a patented product shall be construed accordingly.
[cf. 1977 c. 37 s. 36 U.K.; EPC Art. 59]

### Patents Ordinance 《專利條例》

56. Effect of transfer of patent under section 55
(1) Where an order is made under section 55 that a patent shall be transferred from any person or persons (the old proprietor or proprietors

57. Right to employees’ inventions
(1) Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his employer, be taken to belong to his employer for the purposes of this Ordinance and all other purposes if—
(a) it was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of his duties; or
(b) the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of his duties and the particular responsibilities arising from the nature of his duties he had a special obligation to further the interests of the employer’s undertaking.
(2) Any other invention made by an employee shall, as between him and his employer, be taken for those purposes to belong to the employee.
(3) Where by virtue of this section an invention belongs, as between him and his employer, to an employee, nothing done—
(a) by or on behalf of the employee or any person claiming under him for the purposes of pursuing an application for a patent; or
(b) by any person for the purpose of performing or working the invention,
shall be taken to infringe any protected layout-design (topography) right to which, as between him and his employer, his employer is entitled in any model or document relating to the invention.
[cf. 1977 c. 37 s. 39 U.K.]

### Patents Ordinance 《專利條例》

58. Compensation of employees for certain inventions
(1) Where it appears to the court on an application made by an employee within the prescribed period that—
(a) the employee has made an invention belonging to the employer for which a patent has been granted;
(b) the patent is (having regard among other things to the size and nature of the employer’s undertaking) of outstanding benefit to the employer; and
(c) by reason of those facts it is just that the employee should be awarded compensation to be paid by the employer,
the court may award him such compensation of an amount determined under section 59.
(2) Where it appears to the court on an application made by an employee within the prescribed period that—
(a) a patent has been granted for an invention made by and belonging to the employee;
(b) his rights in the invention, or in any patent or application for a patent for the invention, have since the commencement* of this section been assigned to the employer or an exclusive licence under the patent or application for a patent has since the commencement* of this section been granted to the employer;
(c) having regard to all the circumstances of the case, including the terms of the contract of assignment or grant or any ancillary contract (the relevant contract

### Patents Ordinance 《專利條例》

60. Enforceability of contracts relating to employees’ inventions
(1) This section applies to any contract (whenever made) relating to inventions made by an employee, being a contract entered into by him—
(a) with the employer (alone or with another); or
(b) with some other person at the request of the employer or in pursuance of the employee’s contract of employment.
(2) Any term in a contract to which this section applies which diminishes the employee’s rights in inventions of any description made by him after the commencement* of this section and the date of the contract, or in or under patents for those inventions or applications for such patents, shall be unenforceable against him to the extent that it diminishes his rights in an invention of that description so made, or in or under a patent for such an invention or an application for any such patent.
(3) Subsection (2) is without prejudice to any duty of confidentiality owed to his employer by an employee by virtue of any rule of law or otherwise.
(4) This section applies to any arrangement made with a public officer in the course of his duties as it applies to any contract made between an employee and an employer other than the Government.
[cf. 1977 c. 37 s. 42 U.K.]

### Patents Ordinance 《專利條例》

67. Opposition to application under sections 64 to 66
The proprietor of the patent concerned or any other person wishing to oppose an application under sections 64 to 66 may, in accordance with rules of court, give to the court notice of opposition; and the court shall consider the opposition in deciding whether to grant the application. 
[cf. 1977 c. 37 s. 52 U.K.]

68. Declaration of extreme urgency
The Chief Executive in Council may, for the purposes of applying sections 69 to 71, by regulation declare a period of extreme urgency whenever Chief Executive in Council considers it to be necessary or expedient in the public interest for the maintenance of supplies and services essential to the life of the community or for securing sufficient supplies and services essential to the life of the community. 
(Amended 22 of 1999 s. 3)