The
Patent Office
filed directly with Hong Kong and whether Hong Kong could deal directly with WIPO in respect of such applications or whether everything would have to be done via the UK in which case not much is gained. As a branch office of the UK, would it also only be possible for international applications filed first in Hong Kong to be processed by the International Search Authority (ISA) and International Preliminary Examination Authority (IPEA) which must be used for UK international filings, namely the EPO, or could other ISAS and IPEAS be used such as China?
5.
Another question that arises over the proposed law reform concerns the change to re-registration, initially, of only EP patents in Hong Kong. (Chinese patents would be re- registerable in Hong Kong two years after the new law came into force.) Currently both GB patents and EP patents designating GB may be re-registered in Hong Kong and we feel that removing the ability to re-register GB patents before 1997 is premature as it is much cheaper for applicants to obtain a GB patent than an EP patent if they wish to have patent protection in Hong Kong. You have confirmed that we have no legal means to prevent Hong Kong adopting whatever patent law it likes provided no legislative changes are needed in the UK so we will, in due course, provide a persuasive argument for passage to Hong Kong on this point and others. In the meantime, could you please ensure that Hong Kong has received a holding reply as requested in Cedric Hoptroff's letter to Annadale Bouch.
6. Clearly, if you wish to discuss anything further, please get in touch. We can arrange a meeting as suggested by Cedric Hoptroff if this would be helpful.
Yours sincerely,
Judith Sullivan (Mrs)
cc: Mr Hoptroff IPP2
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