2
Outline of proposals
4.
an
The PBC recommends for Hong Kong an independent patent system which is cost-effective, well respected and in line with international standards. It adopts evolutionary approach designed to provide continuity with the existing system whilst discontinuing the present dependency on the UK patent system. It also provides for the eventual recognition of Chinese patents in HK.
5.
On this basis, the PSC recommends that the new patent system would provide
(a) for the grant of an independent patent in HK after the registration of patents granted by the EPO and, two years after the introduction of the new system, patents granted by the CPO:
(b)
(c)
(d)
that the registered patent once granted in Hong Kong becomes a HK
HK patent independent of the European or Chinese patent;
capable of being
that the HK patent will be tested for validity and enforced in the HK courts irrespective of action taken elsewhere; and
for independent legislation in HK to be modelled on UK's 1977 Patents Act (reference to which are made in the Hong Kong Registration of Patents Ordinance, Cap. 42) which has been drafted to be compatible with the European Patent Convention. This will also allow for the continued use of relevant jurisprudence in this complex area of the law and simplify the transitional provisions required to ensure the continued protection of existing patents.
Procedures
6.
The PSC Report contains detailed proposals for the new patent law. Initial application for a patent under the new systen is to be made to the EPO. As at present, application in Hong Kong is only required after publication in the EPO.
A two stage application
application procedure is envisaged. Applicants will have to apply six months after the publication of the European patent for recordal in HK and then six months after grant for registration of the European patent. The patent will be granted in HK, after potn steps are complied with, after an examination as formalities only. The same procedures will apply to Chinese patents.
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17.
The