E.G 58
ID:0714384780
HONG KONG AS A PCT RECEIVING OFFICE
17 DEC 93 11:54 No.003 P.06
9. There appears to be nothing in the PCT to prevent Hong Kong Patents Registry
(HKPR) becoming a receiving office and we would not, in principle be opposed to the
idea. Clearly, before proceeding further with the idea, it will be necessary to consult the
Chinese authorities who will need to agree to the continuation of the HKPR as a separate
receiving office after 1997.
10. We do not anticipate any particular administrative difficulties in the Hong Kong
Office acting as a receiving office. It would also probably be possible for a separate Hong
Kong receiving office to nominate International Search Authorities (ISAs) and
International Preliminary Examination Authorities (IPEAs) which are not the same as
those nominated by the UK receiving office.
CHANGES TO THE UK PATENTS ACT 1977
11. We note that the PSC report recognises a number of areas which may need
adjustment as a result of the GATT TRIPS agreement and the Patent Harmonisation
Treaty. You have asked what changes will be made to UK patent law in this respect. Until
the treaties have been concluded, and the latter has no definite timetable for this to occur,
it is difficult to discuss this in more than the general terms recognised in the PSC report.
Clearly, a number of changes will be called for, including the acceptance of documents in
foreign languages to establish a date of filing, the introduction of a grace period during
which an earlier publication of the invention by the applicant will not invalidate the
application, embodiment of an equivalents doctrine for claim interpretation and so on.
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