OVERMENT HOUSE HONG KONG
HED 61 DEC 93 10:33
PG.09
CONFIDENTIAL
9 -
機密
i
16. (UK)
At have
present grantees
It
of UK and European patents from the date
to 5 years
seek of grant
in registration
Hong Kong.
is proposed that on the commencement of the new law, grantees of UK and European patents (UK) who are eligible to seek registration of their
in
done but have not
So, patent required to seek registration within a period of 12 months.
Hong Kong
for
European
should be
apply for a
17.
European and Chinese patents. The new law will permit ́applicants
to patents patent in Hong Kong if the European patent application is published on or after the commencement of the new law. The same principle will apply to applicants for Chinese patents published оп or after the day when Chinese patents become registerable in Hong Kong.
Petty Patents
18.
petty
It is also proposed to introduce a non-examination patent system for Hong Kong to protect inventions for
and products
with processes
only a short-term commercial life. The new patent law with suitable modifications will apply to petty patents. In particular a petty patent would be available for all types of technology and would have the same level of patentability as a patent.
The
a
non-examination
system The subject
for matter
the of
19.
United Kingdom does not have a petty patent China has system.
of utility models. protection protection is limited to any new technical solution which relates to the shape or structure of a product and which is apt to be used in practice. Unlike patents for invention, Hong Kong does not intend to register utility models from China.
International Conventions
20.
applied
TWO to
international
which conventions
to patents.
have been They are the
the Patent
relate Hong Kong International Convention for the Protection of Industrial Property ("the Paris Convention") and Cooperation Treaty ("the PCT"). The question of the PCT is discussed at paragraphs 25 to 28 below. This section only examines Hong Kong's position under the Paris Convention.
21.
Paris
Convention.
The
Paris
Convention,
as
revised, seeks to strengthen cooperation between member states in the field of protection of industrial property and in particular provides for national treatment, right of priority applied the revised Convention to Hong Kong on 16 November
1977.
and
certain common rules.
The United Kingdom