### Patents Ordinance 《專利條例》

127D. Proprietor may file representations and requests for amendment, etc.
(1) If the Registrar is of the opinion that a short-term patent, together with any requested amendment under section 127B(1)(b) (if allowed), does not comply with any examination requirement, the Registrar must, by written notice, inform the proprietor of the patent of the opinion.
(2) The notice must set out each examination requirement that, in the Registrar’s opinion, is not complied with by the patent.
(3) The proprietor may respond to the notice by filing, in accordance with the rules, any or all of the following—
(a) a representation to establish that the patent complies with an unfulfilled requirement;
(b) subject to section 103(3), a request to amend the specification of the patent to enable the patent to comply with an unfulfilled requirement;
(c) a request to review the Registrar’s opinion.

127E. Registrar must consider representations and requests for amendment, etc.
(1) The Registrar must, in accordance with the rules—
(a) consider and decide—
(i) whether a representation filed under section 127D(3)(a) establishes that a short-term patent complies with an unfulfilled requirement; and
(ii) whether a requested amendment filed under section 127D(3)(b), if allowed, would enable the patent to comply with an unfulfilled requirement; and
(b) review the Registrar’s opinion on a request filed under section 127D(3)(c).
(2) If the Registrar is of the opinion that a requested amendment filed under section 127B(1)(b) or 127D(3)(b), if allowed, would enable the patent to comply with an unfulfilled requirement, the Registrar must, in accordance with the rules—
(a) publish the requested amendment;
(b) consider any opposition to the amendment filed by third parties; and
(c) decide whether to allow the amendment.
(3) If the Registrar thinks fit, the Registrar may refer the opposition proceedings to the court, and the court may allow the amendment by order, subject to any conditions that it thinks fit.
(4) If the requested amendment filed under section 127B(1)(b) or 127D(3)(b) is allowed by the Registrar or the court, the Registrar must, in accordance with the rules—
(a) record and publish the amendment; and
(b) advertise the fact of the publication by notice in the official journal.
(5) An amendment to the specification of a patent allowed under this section has effect as from the grant of the patent.

### Patents Ordinance 《專利條例》

127F. Certificate of substantive examination
(1) The Registrar must issue a certificate of substantive examination in respect of a short-term patent, if the Registrar—
(a) has examined the patent and considered any requested amendment filed under section 127B(1)(b);
(b) has considered the representation and requested amendment, and reviewed the Registrar’s opinion, under section 127E(1) (where applicable); and
(c) is of the opinion that the patent, together with any amendment allowed under section 127E, complies with all the examination requirements.
(2) As soon as practicable after the certificate is issued, the Registrar must—
(a) inform the following persons by written notice that the certificate has been issued—

(i) the proprietor of the patent; and
(ii) the person who has requested the substantive examination (if that person is not the proprietor);

(b) send the certificate to the proprietor; and
(c) enter a record of the issue of the certificate in the register.

127G. Revocation of short-term patents
(1) The Registrar must revoke a short-term patent if the Registrar—
(a) has examined the patent and considered any requested amendment filed under section 127B(1)(b);
(b) has considered the representation and requested amendment, and reviewed the Registrar’s opinion, under section 127E(1) (where applicable); and
(c) is of the opinion that the patent, together with any amendment allowed under section 127E, does not comply with all the examination requirements.
(2) As soon as practicable after the patent is revoked, the Registrar must—
(a) inform the following persons by written notice that the patent has been revoked—
(i) the proprietor of the patent; and
(ii) the person who has requested the substantive examination (if that person is not the proprietor);
(b) advertise the fact of the revocation by notice in the official journal; and
(c) enter a record of the revocation in the register.

129. Court proceedings in relation to short-term patents
(1) The proprietor of a short-term patent may only commence proceedings before a court for the enforcement of rights conferred under this Ordinance in relation to the patent (enforcement proceedings

### Patents Ordinance 《專利條例》

130. Appeal from Registrar
(1) Except as otherwise expressly provided by rules, an appeal to the court shall lie from any decision or order of the Registrar under this Ordinance, and for the purposes of this provision decision (決定) includes any act of the Registrar in exercise of a discretion vested in him by or under this Ordinance.
(2) Any appeal under this Ordinance which concerns a patent application which has not been published shall be heard in private.
(3) In any appeal under this Ordinance—
(a) the Registrar shall be entitled to appear or be represented and be heard in support of his decision or order;
(b) the Registrar shall appear if so directed by the court.
(4) In any appeal under this Ordinance the court may exercise any power which could have been exercised by the Registrar in proceedings from which the appeal is brought.

131. Registrar’s appearance in proceedings involving register
(1) In any proceedings before the court involving an application for the alteration or rectification of the register, the Registrar shall be entitled to appear or be represented and be heard, and shall appear if so directed by the court.
(2) Unless otherwise directed by the court, the Registrar may instead of appearing submit to the court a statement in writing signed by him, giving particulars of—
(a) any proceedings before him in relation to the matter in issue;
(b) the grounds of any decision given by him affecting it;
(c) the practice of the registry in like cases; or
(d) such matters relevant to the issues and within his knowledge as Registrar as he thinks fit,
and the statement shall be deemed to form part of the evidence in the proceedings.

132. General powers of the court
(1) The court may, for the purpose of determining any question in the exercise of its original or appellate jurisdiction under this Ordinance, make any order or exercise any other power which the Registrar could have made or exercised for the purpose of determining that question.
(2) Every order of the court shall be subject to appeal to the Court of Appeal.
[cf. 1977 c. 37 s. 99 U.K.]