Clause
(2)
(3)
A petty patent shall cease to have effect at the end of the third year after the date of application unless the prescribed renewal fee for a further period of three years is paid within that period.
The provisions of Clause 22(3) and Clause 28 of Part IV of the proposed Patents Bill will apply to renewals of petty patents under this part as if reference to HK patent were replaced by reference to petty patent and suitably modified to take note of the requirements of this Part.
Notes
88.
Unity of invention
This clause will provide, based on EPC Article 82 suitably adapted to take note of any specific requirements for Hong Kong, that a petty patent application shall relate to only one invention.
EPC Art. 82
89.
7
0
2
52
to
90.
Priority right under this Part
This clause will contain provisions, based on EPC Article 87, suitably adapted to take note of any specific requirements for Hong Kong, that will enable any person, who has filed an application for a patent or for registration of a utility model in or for any state which is a party to the Paris Convention, to enjoy a right of priority for the purpose of filing a petty patent application in respect of the same invention during a period of 12 months from the date of filing the first application.
Claiming priority for a petty patent
This clause will contain provisions based on EPC Article 88, suitably adapted to take note of any specific requirements for Hong Kong, that an applicant for a petty patent who wishes to claim the priority date of a previous application shall file a copy of the previous application together with a suitable transalation in the prescribed manner. Where the priority documents are not filed in the prescribed manner the petty patent will be granted but without the claimed priority.
EPC Art. 87 1977 Act s.5
EPC Art. 88 1977 Act s.5
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