Clause
PART X
REVOCATION OF PATENTS
Notes
65.
Power to revoke HK patents on application
(1)
(2)
This clause will contain provisions based on the 1977 Act s.72 and EPC Articles 138 and 139 so that any person may apply to the court for an order to revoke a HK patent on specified grounds. There will be no right to apply to the Registrar.
The grounds for revocation will be that
(a)
(b)
(c)
(d)
the subject matter of the HK patent is not patentable within the terms of Clauses 66 to 69;
the HK patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;
the subject matter of the HK patent extends beyond the EPA as filed in the EPO or if the HK patent was granted on the filing of a divisional EPA or an application under Clause 13 beyond the content of the earlier EPA as filed with the EPO;
the protection conferred by the HK patent has been extended by an amendment which should not have been allowed;
1977 Act s.72
EPC Art. 138
and 139
(e)
the HK patent was granted to a person not entitled to apply for a HK patent under Clause 3; and
(f)
the HK patent was granted to a person who was not the only person entitled to apply under Clause 72.
66.
Patentable inventions
(1)
This clause will contain provisions based on the 1977 Act s.1 and EPC Articles 52 and 53 to provide for the types of inventions which are patentable and will provide that:
1977 Act s.1 EPC Art. 52 and 53
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