### Patents Ordinance 《專利條例》

92. Application for revocation
(1) An application for the revocation of a patent on the ground mentioned in section 91(1)(b)—
(a) may be made only by a person found by the court in an action for a declaration or on a reference under section 55 to be entitled to be granted that patent or to be granted a patent for part of the matter comprised in the specification of the patent sought to be revoked, or in case more than one person is found to be so entitled, by all those persons; and
(b) notwithstanding paragraph (a), may not be made if the action for a declaration was commenced or the reference under section 55 was made after the end of the period of 2 years beginning with the date of the grant of the patent sought to be revoked, unless it is shown that any person registered as a proprietor of the patent knew at the time of the grant or of the transfer of the patent to him that he was not entitled to the patent.
(2) On an application for the revocation of a patent on the ground mentioned in section 91(1)(f), the court shall not make an order for revocation unless the proprietor of each patent has been allowed an opportunity of making observations and of amending the specification of the patent, and if the proprietors fail to satisfy the court that there are not 2 patents in respect of the same invention made by the same inventor, or to amend one or both specifications so as to prevent there being 2 patents in respect of the same invention made by the same inventor, the court shall revoke the patent having the shorter remaining period in force under section 39(1) or 126(1) (as may be appropriate) or, if both patents have the same remaining period in force, shall revoke any one of the patents. (Amended 17 of 2016 s. 82)
(3) This section, as in force immediately before the commencement date* of the Patents (Amendment) Ordinance 2016 (17 of 2016), continues to apply to a patent the application for which is filed before that date. (Added 17 of 2016 s. 82)
[cf. 1977 c. 37 s. 72 U.K.]

### Patents Ordinance 《專利條例》

101A. Powers of court in validity proceedings in relation to short-term patents
(1) Without limiting section 101, the court may, in any validity proceedings in relation to a short-term patent, exercise any of its powers under this section.
(2) If the short-term patent has not been subjected to a substantive examination, the court may—
(a) direct the proprietor of the patent to request the Registrar to carry out the examination; and
(b) stay the proceedings pending the outcome of the examination.
(3) If the short-term patent is being subjected to a substantive examination, the court may—
(a) direct the examination to be suspended; or 
(b) stay the proceedings pending the outcome of the examination.
(4) If the substantive examination of a short-term patent has been suspended under subsection (3)(a), the court may, after the validity proceedings have been disposed of, order—
(a) the examination to be resumed, on the conditions that the court thinks fit; or
(b) the examination to be terminated.
(5) In this section—
validity proceedings (有效性法律程序) means any proceedings in which the validity of a patent is put in issue under section 101(1).
(Added 17 of 2016 s. 86)

102. Amendment of patent in infringement or revocation proceedings
(1) In any proceedings before the court in which the validity of a patent is put in issue the court may, subject to section 103(3), allow the proprietor of the patent to amend the specification of the patent in such manner, and subject to such terms as to advertising the proposed amendment and as to costs, expenses or otherwise, as the court thinks fit. (Amended 17 of 2016 s. 88)
(2) A person may give notice to the court of his opposition to an amendment proposed by the proprietor of the patent under this section, and if he does so the court shall notify the proprietor and consider the opposition in deciding whether the amendment or any amendment should be allowed.
(3) An amendment of a specification of a patent under this section shall have effect and be deemed always to have had effect from the grant of the patent.
(4) Rules of court may provide for the notification of any application under this section to the Registrar and for his appearance on the application and for giving effect to any order of the court on the application.
[cf. 1977 c. 37 s. 75 U.K.]

### Patents Ordinance 《專利條例》

103. Amendments of applications and patents not to include added matter
(1) An application for a patent—
(a) which is made in respect of matter disclosed in an earlier application, or in the specification of a patent which has been granted; and
(b) which discloses additional matter, that is, matter extending beyond that disclosed in the earlier application as filed, or the application for the patent as filed,
is invalid to the extent that it extends the subject-matter disclosed in the earlier application as filed, or the application for the patent as filed.
(2) Any amendment of an application for a patent is invalid to the extent that it extends the subject-matter disclosed in the application as filed.
(3) Any amendment of the specification of a patent is invalid to the extent that it— (Amended 17 of 2016 s. 89)
(a) extends the subject-matter disclosed in the application as filed; or
(b) extends the protection conferred by the patent.
(Amended 17 of 2016 s. 89)[cf. 1977 c. 37 s. 76 U.K.]

### Patents Ordinance 《專利條例》

104. Language of proceedings before Registrar
(1) An application for a patent must be filed in one of the official languages.
(2) Except as otherwise provided in rules made for the purposes of this section, and notwithstanding section 5 of the Official Languages Ordinance (Cap. 5), the official language in which an application for a patent is filed shall be used as the language of the proceedings in all proceedings before the Registrar concerning the application or the resulting patent.
(3) Where a designated patent application in respect of an invention is in one of the official languages, nothing in this section shall be construed as requiring an application for a standard patent (R) in respect of that invention to be filed in the same official language. (Amended 17 of 2016 s. 91)
(4) Rules may be made—
(a) requiring, in respect of any document filed or to be filed with the Registrar in proceedings under this Ordinance, the filing of a translation of the document into the language of the proceeding or into one or both official languages;
(b) providing for the use by any person in oral proceedings before the Registrar, of a language other than the language of the proceedings;
(c) in respect of documents to be used for the purpose of evidence in proceedings before the Registrar and which are in a language other than the language of the proceedings, providing for the filing of the document in that other language and the filing of a translation of the document into the language of the proceedings or into one of the official languages;
(d) in respect of information provided or to be provided to the Registrar and which is to be entered in the register, requiring the provision of that information in both official languages;
(e) specifying, in cases of entries which are made in the register in both official languages, which entry is to be authentic.
(5) Rules made for the purposes of subsection (4)(a) or (d)—
(a) may specify periods within which translations of documents into the language of the proceedings or into the official languages are to be filed or within which information in the official languages is to be provided;
(b) may provide for extensions, upon application by a party to the proceedings, of such periods, and may require that applications for such extension shall be subject to the payment of a penalty fee.

105. Authentic text
Except as provided in section 106, the text of a patent or an application for a patent in the language of the proceedings before the Registrar shall be the authentic text in any proceedings before the Registrar or a court.
[cf. EPC Art. 70(1)]