Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Revocation of patent

  • 3 Jun 2003

    RE WING YICK BAMBOO SCAFFOLDERS LTD

    Citation
    RE WING YICK BAMBOO SCAFFOLDERS LTD
    Court
    Court of First Instance
    Case number
    HCMP6390/2001

    Leave to amend Particulars of Objection was granted but subject to a conditional election and costs arrangement modelled on a See v. Scott-Paine type order: respondent given six weeks to elect whether to consent to revocation and withdraw its Answer or to apply to amend the patent; if respondent consents, costs taxed up to service of original Particulars to applicant and subsequent costs to respondent with set-off; if respondent does not consent, respondent may file an Amended Answer within the election period and applicant must pay costs occasioned and thrown away by the amendment forthwith;…

  • 14 Jan 2002

    Re Wing Yick Bamboo Scaffolders Ltd.

    Citation
    Re Wing Yick Bamboo Scaffolders Ltd.
    Court
    Court of First Instance
    Case number
    HCMP6390/2001

    Applications for revocation of short-term patents and for rectification under the Patents Ordinance Cap.514 are applications under a written law and therefore must be begun by originating summons under Order 5 rule 3; Order 103 (rule 29) applies only to the repealed Ordinance and does not authorize commencement by originating motion for matters under the new Ordinance; the originating motion used was incorrect but the irregularity can be waived and the court will treat the proceedings as begun by originating summons and continue them as if begun by writ with directions.