Clause
Notes
70.
Priority date
71.
72.
73.
This clause will contain provisions based on EPC Articles 87 and 88 providing for the priority date for the purposes of the date of filing the corresponding EPA or such other date to be determined in accordance with the provisions for establishing priority.
Disclosure of matter, etc. between earlier and later applications
This clause will contain provisions based on the 1977 Act s.6 suitably adapted to take note of any specific requirements in Hong Kong.
Right to apply for and obtain a HK patent
This clause will contain provisions based on EPC Article 60 to provide that the right to a patent shall belong to the inventor or his successor in title, subject to the rights of an employer, as provided for in Clause 37, when an employee is the inventor.
Disclosure of invention in specification
This clause will contain provisions based on EPC Articles 83, 84 and 85 so that full and clear disclosure of the invention will be made in the specification, that the claims shall define the matter for which protection is sought and that technical information shall be given in the abstract.
1977 Act s.5
EPC Art. 87
and 88
1977 Act s.6
1977 Act s.7
EPC Art. 60
1977 Act s. 14 EPC Art. 83-85
74.
PART XI
PUTTING VALIDITY IN ISSUE
Proceedings in which validity may be put in issue
This clause will contain provisions based on the 1977 Act s.74 to provide that the validity of a patent may be put in issue :-
(a)
by way of defence in infringement proceedings,
(b)
in proceedings before the court for revocation,
(c)
in proceedings to settle disputes as to Crown use,
129
1977 Act s.74