||Title:||PATENTS ORDINANCE||Gazette Number:|
|Section:||49||Heading:||Registrar's power to revoke patent on grounds of "ordre public" or morality||Version Date:||30/06/1997|
(1) Any person may at any time after a patent has been granted for an invention under this Ordinance refer to the Registrar the question of whether, having regard to any of the matters specified in section 93(5), the invention is a patentable invention.
(2) Where a question is so referred-
(3) If the Registrar or the court determines that the invention is not a patentable invention by reason of any of the matters specified in section 93(5) he or it shall order that the patent shall be revoked and upon the making of such an order the patent shall be treated as never having had effect.
(a) subject to paragraph (b), the Registrar shall determine the question;
(b) the Registrar may if he thinks fit refer the question to be determined by the court and, without prejudice to the court's jurisdiction apart from this paragraph to determine any such question, the court shall have jurisdiction to do so.
(4) Any person may oppose a reference under subsection (2).