8. What are considered acts of infringement?
The patent owner is entitled to prevent all others from committing the following acts in Hong Kong in respect of the invention (see sections 73 and 74 of the Patents Ordinance):
- In relation to a product: making, putting on the market, using, importing or stocking the product;
- In relation to a process: using or offering the process for use in Hong Kong with actual or constructive knowledge that unauthorised use is prohibited;
- In relation to any product obtained directly by means of a patented process: making, putting on the market, using, importing, or stocking the product; and
- Supplying or offering to supply to another person in Hong Kong with the means (which relates to an essential element of that invention) for putting a patented invention into effect.
Where a patent has been infringed, the patent owner may commence legal proceedings against the infringer for various reliefs including (see section 80(1) of the Patents Ordinance):
- an injunction restraining the defendant from any apprehended act of infringement;
- an order requiring the defendant to deliver up or destroy any patented product in relation to which the patent is infringed or any article in which the product is inextricably comprised;
- damages in respect of the infringement;
- an account of the profits derived by the defendant from the infringement; and
- a declaration that the patent is valid and has been infringed by the defendant.
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