TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 252

Clause

91.

Effect of priority right under this Part

92.

(1)

This clause will provide, based on EPC Article 89, suitably adapted to take note of any specific requirements for Hong Kong, that the date of priority will be taken as the date of filing the petty patent application for the purposes of establishing novelty under Clause 67 of Part X of the proposed Patents Bill as it applies to this Part and for establishing who is entitled to obtain a patent under Clause 84 of this Part.

Requirements of an application for a petty patent

This clause will provide that an application for a petty patent shall contain:

Notes

Clause

EPC Art. 89

(f)

(2)

This

1

shall

(a)

(b)

EPC Art 78

1977 Act s.14

(a)

a request for the grant of a petty patent;

(c)

(b)

a specification which provides on the face of it for:

(i)

a description of the invention;

(d)

(ii)

one or more claims but not exceeding one independent claim and four subsidiary claims;

(iii)

any drawings referred to in the description or the claims; and

(3) This

also

(iv) an abstract;

gove

deali

(c)

a designation of the inventor and where the applicant is not the inventor an indication of the origin of his right to make the application;

(a)

(d)

(b)

(e)

an indication, where applicable, as to whether the applicant wishes the grant of the patent by the Registrar under Clause 100(1) to be deferred for a period of up to six months;

a declaration, where applicable, claiming the priority of an earlier application and indicating the date on which and the country for which the earlier application is filed; and

180

(c)

(d)