Application for a petty patent
13.22.
An application for the grant of a petty patent is to be made to the Registrar and can be made by any person. The right to a petty patent shall belong to the inventor or his successor in title, subject to the rights of an employer when an employee is the inventor. The provisions will follow Clause 72 of the proposed Patents Bill which in turn is based on EPC Article 60. The inventor shall also have the right to be mentioned in any petty patent application. (Clauses 83 to 85)
Patentable inventions
13.23.
We have provided that Clauses 66 to 69 of Part X of the proposed Patents Bill, which are based on EPC Article 52 to 57, will apply to petty patents. A petty patent will, therefore, be able to be obtained for the same patentable inventions for which a HK patent can be obtained and the same exclusions and standards of patentability will apply. (Clause 86)
Term of a petty patent
13.24.
As petty patents are primarily intended to protect short term inventions we have provided that the term will be for six years from the date of filing the petty patent application. The petty patent will take effect from the date of publication of the grant of the petty patent. (Clause 87(1) and Clause 100(1))
13.25.
The petty patent will cease to have effect unless it is renewed at the end of the 3rd year for a further period of three years after the date of filing the petty patent application. We have provided that Clauses 22(3) and 28 of the proposed Patents Bill will apply so that a petty patent which has lapsed may be renewed and restored on the same basis as a HK patent. (Clause 87 (2) and (3))
Right to priority for a petty patent application.
13.26.
We consider that an applicant for the grant of a petty patent should be able to enjoy a right of priority in respect of the filing of a petty patent application where the applicant has filed an application for a patent or a utility model in or for any country which is a party to the Paris Convention. We have included provisions based on EPC Articles 87 to 89 to enable an applicant for a petty patent to have a right of priority and to claim this and to provide for the effect of a priority right which has been established. As explained in paragraph 13.32 below the Registrar will not be required to verify the validity of any claim for priority and this would, if necessary, be considered in any proceedings before the court. (Clauses 89 to 91 and Clause 92)
Requirements of an application for a petty patent
13.27.
We have provided in Clause 92 for the full requirements of an application for a petty patent. This is based on EPC Article 78 and 1977 Act s. 14 and also takes note of the specific requirements for Hong Kong. Thus we have provided in Clause 88(1) that the application should contain, on the face of it, a description of the invention, one or more
174
claims, an
however pr
so that for question th
13.28.
the propose are require
13.29.
envisage th provided t of filing an These adm by avoidin applicants
13.30. authority in time in w
authorities authorities
13.31.
primary la proposed j their techr
attract Ho therefore However,
Bill and tc
patents, w
Role of th
13.32. register a He will i of it to cc to in the
In partici regards t
to establi support t