17
32.
The circ
ances
in which the working group's
recommendation was made
made have now changed. Firstly British
Sovereignty over Hong Kong will be relinquished to China in
12 years time, In consequence it will
it will be unacceptable that
the United Kingdom's patent law should continue to apply in
Hong Kong after 1997. Assuming that a patent law for Hong
Kong is desirable, Hong Kong will either have to enact its
own comprehensive code or adopt the newly promulgated Patent
Code of the People's Republic of China.
}
33.
Secondly, if Hong Kong were able to avail itself
of the search, examination and information facilities
provided by WIPO and INPADOC, it would not become necessary
to establish a costly system of examination in Hong Kong.
Thirdly, it has gradually become apparent since 1977 when
the United Kingdom's new patent code, the Patents Act 1977,
came into force that patents have become more difficult to
obtain under that Act because the standard of inventiveness
required has been substantially raised.
1
34.
These factors necessitate a reconsideration both
of the continuance of the present system of registering UK
patents and of the decision not to establish an original
patent office in Hong Kong. In particular the third of
these factors has prompted the United Kingdom to reconsider
adopting an alternative, parallel system of petty patents.
/Petty