26 Jul 2021
The application to amend was allowed because the Applicant affirmed that the amendments did not extend the subject‑matter or protection, there were no pending proceedings affecting validity, the delay was inadvertent and not prejudicial, and the Registrar’s role in attendance justified recovery of Registrar’s costs from the Applicant.
7 May 2002
The appeal is dismissed because section 39(1) of the Patents (General) Rules requires filing the notice of court‑ordered amendment within one month and that time cannot be extended; the applicant filed two days late without adequate explanation or evidence and the date of the order is the date pronounced (10 October 2001), therefore the amendment cannot be registered.
1 Mar 2002
The court has no jurisdiction to extend the one-month filing period in rule 39(1) because that time limit is imposed by statute/rules not by the court; rule 100 excludes the Registrar's power to extend that specific provision and there is no statutory authorization for the court to extend it by inherent jurisdiction or under Order 3 r5, therefore the application to extend time must be dismissed.
10 Oct 2001
The Court ordered that Hong Kong Patent No. 81 of 1997 be amended to substitute Claim 1 with the wording of the amended European (UK) patent and that Claims 2 to 6 and corresponding sections be deleted because the applicant complied with advertisement requirements and no opposition appeared; costs of the motion and amendment were ordered against the applicant.
10 Dec 1998
Before exercising the discretionary power under section 46 to amend a patent specification after grant, the applicant must advertise in the Gazette (in English) identifying the pending proceedings, setting out full particulars of the amendment sought, stating the applicant's Hong Kong address for service, and stating that any person intending to oppose must give written notice within 28 days of the advertisement; any person giving such notice is entitled to be heard; accordingly the hearing was adjourned to not before 56 days to permit compliance with these requirements.