Hong Kong Ordinances

PATENTS ORDINANCE - SECT 94

Novelty

(1) An invention shall be considered to be new if it does not form part of the
state of the art.

(2) The state of the art shall be held to comprise everything made available
to the public (whether in Hong Kong or elsewhere) by means of a written or
oral description, by use, or in any other way-

   (a)  before the deemed date of filing of an application for a 
        standard patent for the invention or, if priority was claimed, before
        the date of priority; or

   (b)  before the date of filing of an application for a short-term  patent
        for the invention or, if priority was claimed, before the date of
        priority, whichever is the earlier.

(3) Additionally, the state of the art shall be considered as comprising the
content of-

   (a)  any application for a standard patent as filed, of which-

        (i)    the deemed date of filing or, if priority was claimed, the date
               of priority is before the date referred to in subsection (2);
               and

        (ii)   the corresponding designated patent application was published
               in the designated patent office on or after the date referred
               to in subsection (2);

   (b)  any designated patent application as filed in a designated 
        patent office-

        (i)    of which the date of filing or, if priority was claimed in the
               designated patent office, the date of priority accorded in the
               designated  patent office is before the date referred to in
               subsection (2); and

        (ii)   which was published by the designated patent office on or after
               the date referred to in subsection (2); or

   (c)  any application for a short-term patent-

        (i)    of which the date of filing or, if priority was claimed, the
               date of priority is before the date referred to in subsection
               (2); and

        (ii)   pursuant to which a short-term patent was published under this
               Ordinance on or after the date referred to in subsection (2).

(4) Subsections (1) to (3) shall not exclude the patentability of any
substance or composition, comprised in the state of the art, for use in a
method referred to in section 93(4) where its use for any method referred to
in that subsection is not comprised in the state of the art. [cf. EPC Art. 54;
1977 c. 37 s. 2 U.K.; 1992 No. 1 s. 11 Eire]