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HCMP001626/2001
HCMP 1626/2001
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 1626 OF 2001
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IN THE MATTER OF THE PATENTS ORDINANCE (Cap. 514) Section 46 |
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IN THE MATTER PATENT NO. 81 OF 1997 |
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IN THE MATTER OF AN APPLICATION BY MERCK SHARP & DOHME LIMITED TO AMEND THE SPECIFICATION OF PATENT NO. 81 OF 1997 AND TO RECTIFY THE REGISTER OF PATENTS IN RESPECT THEREOF |
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Coram: Hon Yuen J in Court
Date of Hearing: 10 October 2001
Date of Judgment: 10 October 2001
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J U D G M E N T
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1. This is an application by way of Originating Motion to effect an amendment in a registered patent.
2. The specification and claims of Hong Kong Patent No. 81 of 1997 follows the specification and claims in European (UK) Patent No. 0 411 668. However, the evidence shows that as a result of certain opposition proceedings filed against that patent, that patent has now been amended to the effect that the 1st claim has been changed and Claims 2 to 6 have been deleted.
3. The Notice of Motion as now amended by the Applicant has now made it clear in that it seeks an order that the specification and claims of Hong Kong Patent No. 81 of 1997 be amended to correspond with those amendments and further indicates specifically that Claims 2 to 6 be deleted.
4. On the last occasion when this matter appeared before me, I required a re-advertisement to the effect that not only should the amendment to the 1st claim be set out in the Government Gazette but also that the deletion of the 2nd to 6th claims be expressly referred to. The advertisement has been duly effected and there has been no appearance today.
5. Accordingly, I would make an order that the Registrar of Patents amend the specification of Patent No. 81 of 1997 so that Claim 1 shall be deleted and there shall be substituted therefor a fresh Claim 1 as set out in a schedule, which schedule follows the wording of the amended European (UK) Patent, and secondly that Claims 2 to 6 inclusive of the specifications and the sections headed "Revendications" and "Patentanspruche" shall be deleted. I further order that the costs of the Motion and of and occasioned by the amendment shall be borne by the Applicant.
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(MARIA YUEN) |
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Judge of the Court of First Instance |
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High Court |
Representation:
Mr Paul Stephenson, instructed by Horvath & Giles, for the Applicant
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