INTRODUCTION OF A PETTY PATENT SYSTEM
6. As you know, the UK does not have a petty patent or
other second tier system and thus has no direct knowledge of
the difficulties or otherwise of operating such a system alongside a full patent system; however, there are a number of countries which do successfully operate a two tier system
of protection. The low number of re-registrations of patents
in Hong Kong suggests there may be an unmet need for some form
of second tier protection. The PSC recommendations for a
petty patent should result in protection being provided straightforwardly and quickly and the safeguards, such as the need to file a search report with the application, appear
sensible.
HONG KONG AS A PCT RECEIVING OFFICE
7. It is unclear whether the Patents Cooperation Treaty (PCT)
allows Contracting States to nominate more than one receiving
office. The wording of the Treaty does not expressly rule this
out. The practice of the parties is relevant to the
interpretation of the Treaty. If, for example, another party
had already nominated more than one receiving office and
this had been accepted by the other parties, this would provide
a helpful precedent. It is also relevant to consider the administrative practicality of operating two receiving offices
and the consistency of such an arrangement with the overall
structure of the Treaty.
8.
We do not anticipate any particular administrative difficulties in the Hong Kong Patents Registry (HKPR) becoming
a receiving office, and would not, in principle, be opposed to the idea. Clearly, before proceeding internationally, it will be necessary to consult the Chinese to obtain their agreement
to the continuation of the HKPR as a separate receiving office