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fall within the criteria of a registration system as defined in paragraph 5.4 above, as some patent offices grant patents without prior search and examination, we feel the possibility should be explored.
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The advantage of this option would be that every applicant would have an equal opportunity to register his patent in Hong Kong. The main disadvantages have been outlined in paragraphs 5.10 to 5.16 above. In addition, there would be lack of consistency in the quality of the patents and the scope of the claims. It is also possible to see immediately the difficulties which judges could face in interpreting the claims of two or more apparently conflicting patents each of which came from a different system. There are almost as many patent offices in the world as there are countries. It can be safely stated that no two patent laws and systems are identical. Far from being identical there are wide differences in many aspects of the various systems. Many systems search and examine before grant, but the quality of these vary. Other systems do not search and examine at all before grant. Some systems require absolute novelty while others only require national novelty. The scope and the term of protection vary considerably. Hence patents and their claims are often drafted with different criteria and objectives in order to comply with the different systems. Additionally, patents are granted in a number of different languages.
5.21.
For the reasons outlined above we consider this option is not practical.
Registration of patents granted by any patent office which searches and examines its patents
5.22.
This option narrows down the number of patent offices whose patents could be registered in Hong Kong. These would include the world's major patent offices and many of the minor ones as well. We take the view, however, that the amount of uncertainty that would inevitably arise in Hong Kong due both to the differences in the various systems and to the use of different languages is in reality scarcely reduced from the first option of registering the patents from any country in the world. We consider that the uncertainty is certainly not sufficiently reduced for this option to be a practical one.
Registration of patents granted by a single patent officer which searches and examines its patents
5.23.
For the reasons given in paragraphs 5.10 to 5.16 and 5.19 to 5.22, we do not favour registering the patents granted by any patent office or registering the patents granted by any patent office which searches and examines its patents and consider that it is preferable only to register the patents from one system, in other words, the patents granted by one
patent office.
5.24.
In paragraph 5.26 below, we consider the requirements which should be taken into account when selecting a system from which patents are registered, if a registration system was to be adopted. We also assess which system or systems satisfy some or all of these requirements.
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