2
PSC recommendation
4.
The Patents Steering Committee considered the question of international conventions and organizations including the PCT (Chapter 14 of the PSC Report). The Committee highlighted the advantages of the PCT and acknowledged the benefits attached to its continued application to HK.
5.
The PSC concluded that its proposals for HK's new patent system would not preclude the continued use of the UKPO as the receiving office by HK residents.
The Committee considered, however, that once HK has its new independent patent system, based on its own legislation, the continued use of the UKPO as the receiving office for PCT applications, for Hong Kong residents would not be
appropriate.
6.
Patents
As an alternative, the PSC proposed that the HK Registry (HKPR) be nominated as the national office of the United Kingdom to receive PCT applications from residents of HK, in addition to the UKPO, and recommended that this proposal be investigated further. It was also envisaged although not specifically addressed that applications for petty patents might also be part of the PCT process. The PSC Report also contains provisions in the proposed Patents Bill for receipt of PCT applications if HKPR was nominated as a receiving office. (Paras 10.42 - 10.44 and Chapter 10 Part II Part XIV)
Considerations
HKPR as a receiving office
7.
We have considered the requirements of a receiving office as set out in the PCT and its Regulations. We have also discussed the role of the receiving office with officials from the UKPO, EPO and WIPO. We consider the work required will be similar to the handling of applications under the proposed new patent system in that it will be primarily a formality examination.
8.
We acknowledge that there will be occasions on which, under the terms of the PCT, the receiving office will be required to decide on certain issues. Taking account of the expertise within HKG's Intellectual Property Department, we consider that an expanded HKPR would be able to handle the processing of international applications and responsibilities of a receiving office under the
the other
PCT.
9.
We
have scrutinized the PCT's provisions and support the view of the PSC that the PCT does not preclude the nomination of the HKPR as a receiving office for PCT applications from HK residents. Although a number of
/specific