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Application of the provisions of the proposed Patents Bill to petty patents
13.38.
The main provisions of the proposed Patents Bill in relation to a HK patent will apply to a petty patent modified as necessary. (Clause 103(1))
13.39.
Thus Clauses 18 and 19 of Part II will apply to a petty patent but not the other clauses of that Part which relate to the application for the grant of a HK patent. Part V relating to the property in patents and applications and Part VI relating to employees inventions will apply to petty patents as will Part XV relating to Convention countries and the general provisions contained in Parts XVII(excluding Clause 93) to XX.
13.40. Part VIII relating to Crown use will apply to petty patents but not Part VII relating to compulsory licensing. We consider that due to the short length of the term of a petty patent that it should not be possible for a compulsory licence to be granted for a petty patent.
13.41. The provisions of Parts IX (excluding Clause 62) and Part X (excluding Clauses 70 and 71), being the substantive provisions relating to infringement and revocation, and all the provisions of Part XI as to when validity can be put in issue and Part XII relating to general provisions as to amendments will apply to a petty patent. In addition Clauses 23,27,28 and 29 of Part IV relating to patents after grant will apply to petty patents.
13.42.
It is intended that if Clause XIV comes into operation that it would apply to a petty patent application so that an international application under the PCT would be considered as a petty patent application provided that when it entered the national phase in Hong Kong it complied with the requirements of a petty patent application contained in Part XVI of the proposed Patents Bill.
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