Hong Kong Ordinances

PATENTS ORDINANCE - SECT 98

Priority right

Priority for standard patent application

(1) This section applies to the proprietor of a designated patent  application
for an invention who, on the basis of an earlier application in a
Paris Convention country for a patent or other protection for the same
invention, enjoys under the law of the designated patent office a right of
priority for the period of 12 months after the date of filing the earlier
application.

(2) Such person or his successor in title shall enjoy, for the purposes of
filing an application for a standard patent for the invention which is the
subject of the designated patent application, the same right of priority as he
enjoys in respect of the designated patent application under the
law of the designated patent office.

(3) Subsections (1) and (2) also apply where-

   (a)  the earlier application was filed in a country, territory or area
        which is not a Paris Convention country; and

   (b)  the right of priority enjoyed in the designated patent office is
        granted consequent upon an international agreement to which Hong Kong
        is a party or which is otherwise applied to Hong Kong by a party to
        the agreement, which agreement provides for the grant of such priority
        on the basis of a first filing made in or for that country, territory
        or area and subject to conditions equivalent to those laid down in the
        Paris  Convention.

(4) Reference in this section to the law of a designated patent  office
includes reference to the law of the designated patent office dealing with the
circumstances under which-

   (a)  a filing in a Paris Convention country that is equivalent to a regular
        national filing under the domestic legislation of that country or
        under bilateral or multilateral agreements gives rise to a right of
        priority;

   (b)  a subsequent application for a patent for the same subject-matter as a
        previous first application and filed in or in respect of the same
        Paris Convention country is to be considered as the first application
        for the purposes of determining priority;

   (c)  multiple priorities may be claimed in respect of a designated 
        patent application.

(5) The rights conferred by this section are subject to sections  15 (2)(e)
and 23(3)(c).

(6) In this section, "Paris Convention country" (巴黎公約國) means a
country or territory other than Hong Kong which is a party to the Paris 
Convention or a dependent territory of any such country to which that
Convention has been extended. [cf. EPC Art. 87 & 88; 1992 No. 1 ss. 25 & 26
Eire; 1977 c. 37 s. 5 U.K.]

"Paris Convention country" (巴黎公約國)