Clause
Notes
(2)
(3)
(4)
78.
request to record and the EP Patent filed with the application for grant of a HK Patent and consequently of the specification of the HK Patent shall be the language of the proceedings before the EPO if this language was English.
If the language of the proceedings before the EPO was not English the authentic text shall be the English translation (duly certified) of the EPA and the EP Patent and specification for the purposes of any proceedings in HK other than revocation proceedings, provided that the EP Patent or the EPA as translated into English confers protection which is narrower than the protection given in the other EPO languages.
Provisions will be included, based on the 1977 Act s.80(3), for cases, where the translation results in a protection narrower than it would have been in its original language, to enable the applicant for the request to record or the application for grant or the proprietor of the HK patent to file a corrected translation and for this to be published subject to limitations on his right to take action based on the corrected translation.
This clause will contain provisions based on s.80(4) to protect innocent third parties.
Evidence of conventions and instruments under conventions
This clause will contain provisions based on the 1977 Act s.91, suitably adapted to take note of any specific requirements for Hong Kong, that judicial notice can be taken of the EPC, any bulletin journal or gazette published under it, the register kept under it, any guidelines issued by the EPO and any decision of any relevant EPC court. The same would apply to the PCT if Part XIV comes into effect.
1977 Act s.91
PART XIV
INTERNATIONAL APPLICATIONS FOR PATENTS
79.
Application of the PCT
(1)
This clause will provide that the Patent Cooperation Treaty (PCT) and its Regulations will be applied in accordance with
EPC Art. 150
EPC Art. 151
131