Bratisl

1

19

in the Cabinet Office in his paper

Intellectural Property

Rights and Innovation" (Cond 9117). The relevance of his

views for Hong Kong make it worth quoting the relevant

paragraphs.

"Two-tier patents

4.7

Currently in the UK it is not possible

to patent inventions other than through the costly

and time-consuming process of application for

a full patent with its detailed examination for

novelty and non-obviousness (see 4.9 below).

In many other countries, including Germany,

Japan, France, Italy and Australia, there is

legislation that allows easier access to protection

in exchange for a more limited form of protection.

It is usually known as a "petty" patent or

utility model. The distinguishing features of

these petty patents are that they last for a

shorter period than ordinary patents, but are

more easily obtained because they are not

usually examined before award. But they do leave

open the door to legal action if there is

significant infringement (and if the market

warrants it).

4.8

We believe that there is a gap in the

UK system which may be inhibiting innovators,

particularly the smaller companies, from exploiting

/their

?

Share This Page