What does Invention mean? In legal practice, an invention is the claimed technical solution to a problem, defined by its technical features in the patent claims and description. Across the UK (England & Wales, Scotland and Northern Ireland) under the Patents Act 1977 and the European Patent Convention (EPC), and in Ireland under the Patents Act 1992, “invention” is not exhaustively defined; instead, legislation sets patentability requirements (novelty, inventive step, industrial applicability and sufficiency) and lists exclusions. Subject matter that is a discovery, scientific theory, mathematical method, aesthetic creation, scheme, rule or method for performing a mental act, playing a game or doing business,...
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ARCHIVED: This Practice Note is archived and not maintained. It was originally prepared for LexisAdvance® Practical Guidance Hong Kong.
Hong Kong is a special administrative region of the People’s Republic of China (Mainland China). Under the one country, two systems framework, Hong Kong maintains its own patent regime, distinct from that of Mainland China. The Intellectual property Department (IPD) of the Hong Kong government manages the administration of patent applications, registrations and Maintenance.
There are two types of patent in Hong Kong:
The Paris Convention and the Patent Co-operation Treaty (PCT) apply in Hong Kong by virtue of Mainland China’s membership. The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) is implemented in Hong Kong through its World Trade Organisation (WTO) membership. A short-term patent application may serve as a priority founding application under the Paris Convention or TRIPS, but a standard patent application may not. Patents can be filed in Chinese or in English.
The principal legislation is the Patents Ordinance (Cap 514) (PO) and the Patents (General) Rules (Cap 514C)...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...