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National treatment
14.5.
The convention provides that each member state must grant the same protection to nationals of the other member states as it grants to its own nationals. Nationals of non-member states are also protected by the convention if they are domiciled or have a real and effective industrial or commercial establishment in a member state. The national treatment principle is particularly important for patent rights as it limits the extent of procedural requirements which can be imposed on foreign applicants by member states. In consequence, both Hong Kong applicants seeking protection overseas and foreign applicants seeking protection in Hong Kong are not faced with unacceptable procedural requirements.
Right of priority
14.6.
The convention provides that, on the basis of a regular first application filed in one of the member states, the applicant may, within a certain period of time (12 months for patents and utility models), apply for protection in any of the other member states. These later applications will then be regarded as if they had been filed on the same day as the first application. In other words, these later applications will have priority over applications which may have been filed during the said period of time by other persons for the same invention, or utility model. Moreover, these later applications, being based on the first application, will not be affected by any event that may have taken place in the interval, such as any publication of the invention.
14.7.
The advantage of this provision is that an applicant who is considering whether to protect the invention in several countries is not required to present all applications at the same time but has twelve months to decide in which countries to seek protection. This allows the applicant more time to consider the viability of the invention and to organise the steps necessary for applying in various countries. Both Hong Kong applicants seeking protection overseas and foreign applicants seeking protection in Hong Kong benefit from the right of priority.
Common rules
14.8.
Patents granted in different member states for the same invention are independent of each other. The granting of a patent in one member state does not oblige other member states to grant a patent. A patent cannot be refused, annulled or terminated in any member state on the ground that it has been refused or annulled or has terminated elsewhere.
14.9.
The inventor has the right to be named as such in the patent. The grant of a patent may not be refused and a patent may not be invalidated on the ground that the sale of the patented product, or of a product obtained by means of the patented process, is subject to restrictions or limitations resulting from the domestic law.
14.10. Countries may provide for the grant of compulsory licences to prevent abuses which might result from the exclusive rights conferred by a patent, for example, where the patentee has failed to work his patent, and then only with certain limitations. A patent may not be forfeited except where a grant of a compulsory licence would not be sufficient to
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