### Patents Ordinance 《專利條例》

76. Extent of invention
(1) For the purposes of this Ordinance—
(a) an invention in respect of which an application for a patent has been filed shall, unless the context otherwise requires, be taken to be that specified in a claim of the specification of the application, as interpreted by the description and any drawings contained in that specification;
(b) an invention for which a patent has been granted shall, unless the context otherwise requires, be taken to be that specified in a claim of the specification of the patent, as interpreted by the description and any drawings contained in that specification,
and the extent of the protection conferred by a patent or an application for a patent shall be determined accordingly.
(2) Where more than one invention is specified in any such claim in relation to a patent or an application for a patent, each invention may have a different date of priority for the purposes of this Ordinance.
(3) Subsection (1) should not be interpreted in either of the following senses, namely—
(a) in the sense that the extent of the protection conferred by a patent is to be understood as that defined by the strict, literal meaning of the wording used in the claims, the description and drawings being employed only for the purpose of resolving an ambiguity found in the claims, on the one hand; or
(b) in the sense that the claims serve only as a guideline and that the actual protection conferred by a patent may extend to what, from a consideration of the description and drawings by a person skilled in the art, the patentee has contemplated, on the other hand,
but rather is to be interpreted as defining a position between these extremes which combines a fair protection for the proprietor of the patent or the application for a patent with a reasonable degree of certainty for third parties.
[cf. 1977 c. 37 s. 125 U.K.]

77. Disclosure of invention
The application for and specification of a patent for an invention shall disclose the invention to which it relates in a manner sufficiently clear and complete for it to be performed by a person skilled in the art.
[cf. EPC Art. 83]

### Patents Ordinance 《專利條例》

78. Claims
(1) The claims contained in the specification of a patent application or of a patent must—
(a) define the matter for which protection is sought or given;
(b) be clear and concise;
(c) be supported by the description in the specification; and
(d) relate to 1 invention or to a group of inventions that are so linked as to form a single inventive concept.
(2) The rules may provide for the circumstances under which a group of inventions are to be regarded as being so linked as to form a single inventive concept.
(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 application filed, or a patent the application for which is filed, before that date.
(Replaced 17 of 2016 s. 70)

79. The abstract
The abstract shall only serve for use as technical information; it may not be taken into account for any other purpose and in particular it may be used neither for the purpose of interpreting the scope of the protection given nor for the purpose of applying section 9B(3).
(Amended 17 of 2016 s. 71)[cf. EPC Art. 85; 1992 No. 1 s. 22(1) Eire]

### Patents Ordinance 《專利條例》

80. Proceedings for infringement of patent
(1) Subject to this Part and section 129(1), civil proceedings may be brought in the court by the proprietor of a patent in respect of any act of infringement which he alleges he is entitled under sections 73 to 75 to prevent and (without prejudice to any other jurisdiction of the court) in those proceedings a claim may be made— (Amended 17 of 2016 s. 73)
(a) for an injunction restraining the defendant from any apprehended act of such infringement;
(b) for an order requiring the defendant to deliver up or destroy any patented product in relation to which the patent is infringed or any article in which the product is inextricably comprised;
(c) for damages in respect of the infringement;
(d) for an account of the profits derived by the defendant from the infringement;
(e) for a declaration that the patent is valid and has been infringed by the defendant.
(2) The court shall not, in respect of the same infringement, both award the proprietor of a patent damages and order that he shall be given an account of the profits.
(3) Subject to this Part, in determining whether or not to grant any kind of relief claimed under this section and the extent of the relief granted the court shall apply the principles applied by the court in relation to that kind of relief immediately before the commencement* of this Part.
[cf. 1977 c. 37 s. 61 U.K; 1992 No. 1 s. 47 Eire]

### Patents Ordinance 《專利條例》

81. Restrictions on recovery of damages for infringement
(1) In proceedings for the infringement of a patent damages shall not be awarded, and no order shall be made for an account of profits, against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable grounds for supposing, that the patent existed.
(2) For the purposes of subsection (1) a person shall not be taken to have been so aware or to have had reasonable grounds for so supposing by reason only of the application to a product of the word “patent” or “patented” or “專利” or “取得專利”, or any word or words expressing or implying that a patent has been obtained for the product, unless the number of the patent accompanied the word or words in question.
(3) In proceedings for infringement of a patent the court may, if it thinks fit, refuse to award any damages or make any such order in respect of an infringement committed during the further period specified in section 39(4) or 126(5), as the case may be, but before the payment of the renewal fee and any additional fee prescribed for the purposes of that subsection. (Amended 17 of 2016 s. 74)
(4) Where an amendment of the specification of a patent has been allowed under this Ordinance, no damages shall be awarded in any proceedings for an infringement of the patent committed before the date of the decision to allow the amendment or of the recording of the amendment pursuant to section 43(2), as the case may be, unless the court is satisfied that the specification of the patent as originally published was framed in good faith and with reasonable skill and knowledge.
(5) Without limiting the effect of subsection (4), where an order has been made by the court under section 46(5) allowing an amendment of the specification of a patent, no damages shall be awarded in any proceedings for an infringement of the patent committed after the date on which the order is made and before a copy of the order is filed with the Registrar for the purposes of section 46(7). (Amended 17 of 2016 s. 74)
[cf. 1977 c. 37 s. 62 U.K.]

### Patents Ordinance 《專利條例》

82. Relief for infringement of partially valid patent
(1) If the validity of a patent is put in issue in proceedings for infringement of the patent and it is found that the patent is only partially valid, the court may, subject to subsection (2), grant relief in respect of that part of the patent which is found to be valid and infringed.
(2) Where in any such proceedings it is found that a patent is only partially valid, the court shall not grant relief by way of damages or costs, except where the plaintiff proves that the specification for the patent was framed in good faith and with reasonable skill and knowledge, and in that event the court may grant relief in respect of that part of the patent which is valid and infringed, subject to the discretion of the court as to costs and as to the date from which damages should be reckoned.
(3) As a condition of relief under subsection (1) or (2) the court may direct that the specification of the patent shall be amended to its satisfaction upon an application made for that purpose under section 102, and such an application may be made whether or not all other issues in the proceedings have been determined.
[cf. 1977 c. 37 s. 63 U.K.]