### Patents Ordinance 《專利條例》

142. Unauthorized claim of patent rights
(1) Subject to this section, a person who falsely represents that anything disposed of by him for value is a patented product commits an offence and is liable on summary conviction to a fine at level 3.
(2) For the purposes of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the word “patent” or “patented” or “專利” or “享有專利” or anything expressing or implying that the article is a patented product, shall be taken to represent that the article is a patented product.
(3) Subsection (1) does not apply where the representation is made in respect of a product after the patent for that product or, as the case may be, the process in question has expired or been revoked and before the end of a period which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made (or does not continue to be made).
(4) In proceedings for an offence under this section it shall be a defence for the accused to prove that he used due diligence to prevent the commission of the offence.
[cf. 1977 c. 37 s. 110 U.K.]

### Patents Ordinance 《專利條例》

143. Unauthorized claim that patent has been applied for
(1) Subject to this section, a person who represents that a patent has been applied for in respect of any article disposed of for value by him when in fact—
(a) no such application for a patent has been made; or
(b) any such application has been refused, withdrawn or deemed withdrawn, (Amended 17 of 2016 s. 128)
commits an offence and is liable on summary conviction to a fine at level 3.
(2) Subsection (1)(b) does not apply where the representation is made (or continues to be made) before the expiry of a period which begins with the refusal, withdrawal or deemed withdrawal and which is reasonably sufficient to enable the accused to take steps to ensure that the representation is not made (or does not continue to be made). (Amended 17 of 2016 s. 128)
(3) For the purposes of subsection (1), a person who for value disposes of an article having stamped, engraved or impressed on it or otherwise applied to it the words “patent applied for” or “patent pending” or “已申請專利” or “專利申請待決”, or anything expressing or implying that an application has been made for a patent in respect of the article, shall be taken to represent that an application for such a patent has been made.
(4) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he used due diligence to prevent the commission of such an offence.
[cf. 1977 c. 37 s. 111 U.K.]

144. Misuse of title “Patents Registry”
A person who uses on his place of business, or any document issued by him, or otherwise, the words “Patents Registry” or “專利註冊處” or any other words suggesting that his place of business is, or is officially connected with, the Patents Registry, commits an offence and is liable on summary conviction to a fine at level 4.
[cf. 1977 c. 37 s. 112 U.K.]

### Patents Ordinance 《專利條例》

144A. Prohibition on use of certain titles and descriptions
(1) A person must not, in the course of or in connection with the person’s business, trade or profession in Hong Kong, knowingly use or permit the use of a title or description specified in subsection (2).
(2) The title or description is—
(a) certified patent agent;
(b) registered patent agent;
(c) certified patent attorney;
(d) registered patent attorney; or
(e) a title or description which may reasonably cause anyone to believe that the person using or permitted to use the title or description holds a qualification—
(i) that is specifically granted for approving that person to provide patent agency services in Hong Kong; and
(ii) that is recognized by law or endorsed by the Government.
(3) Subsection (1) does not prohibit a person from using, or from permitting the use of, a title or description that—
(a) solely relates to the person’s qualification for lawfully providing patent agency services in a jurisdiction outside Hong Kong; and
(b) clearly indicates the jurisdiction.
(4) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $500,000.
(Added 17 of 2016 s. 129)

### Patents Ordinance 《專利條例》

145. Offences by corporations or partners
(1) Where an offense under this Ordinance committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) The following provisions apply for the purposes of proceedings for an offence under this Ordinance alleged to have been committed by a body corporate—
(a) any rules of court relating to the service of documents;
(b) section 19A (plea by a corporation before a magistrate) and section 87 (procedure on charge of indictable offence against corporation) of the Magistrates Ordinance (Cap. 227).
(3) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) Where a partnership is guilty of an offence under this Ordinance, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(5) Without prejudice to any liability of the partners under subsection (4), proceedings for an offence under this Ordinance alleged to have been committed by a partnership shall be brought against the partnership in the name of the firm and not in that of the partners.
(6) A fine imposed on a partnership on its conviction in such proceedings shall be paid out of the partnership assets.
(7) Where an offence under this Ordinance committed by a partner in a firm is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any other partner in the firm or any person concerned in the management of the firm, that partner or the person concerned in the management of the firm is also guilty of the offence and liable to be proceeded against and punished accordingly.

146. Correction of errors in patents and applications
(1) The Registrar may, subject to the rules, correct any error of translation or transcription, clerical error or mistake in any specification of a patent or application for a patent or any document filed in connection with a patent or such an application.
(2) Where the Registrar is requested to correct such an error or mistake any person may in accordance with the rules give the Registrar notice of opposition to the request and the Registrar shall determine the matter.
[cf. 1977 c. 37 s. 117 U.K.]