to encourage domestic applicants to cut down on the numbers to encourage quality rather than quantity in applications for patents. To put this figure in perspective, the number of patents granted in 1989 was 63,300 of which over 8,500 were granted to foreigners.
United States Patent Office (USPO)
5.37.
In 1989 there were 151,331 patent applications to the USPO of which over 83,000 (55%) were from domestic applicants and over 68,000 (45%) were from foreigners. Of the applications from foreigners over 30,000 (44%) were from the countries of the EPC, over 32,000 (47%) from Japan, over 100 (0.15%) from China and 272 (0.40%) from Hong Kong.
5.38.
In summary, the systems of the JPO, the USPO and the EPO receive the largest number of applications with the USPO and the EPO having the widest spread of applicants from other countries and in particular from businessmen from Hong Kong and from its major trading partners. It is generally acknowledged that these are the three major patent offices.
Same standards, ambit of protection, and conditions of grant of patent
5.39.
We consider the future system for Hong Kong should be based on a patent system which is the same as or similar to the existing system under which patents are currently granted in Hong Kong. The need for an evolutionary approach and the continuity of patent rights is discussed in chapter 8.
5.40.
We consider that the standards for patentability and the ambit for protection should be the same as under the current system. In this respect Hong Kong's current system is more in conformity with international systems than a number of Asian countries which variously exclude from the ambit of protection products such as food, beverages and flavourings, pharmaceutical products and substances obtained by means of a chemical process.
5.41.
In addition, we consider that the current system with which inventors and patent practitioners are familiar should continue. We should therefore maintain the current system of granting patents provided for in the EPC and the UK 1977 Act. The EPC system provides protection to the first applicant to file with provision for early publication, namely, the first-to-file system. In this system an application for the patent is published after a set period of time, usually 18 months, after which examination and then grant takes place.
5.42.
The table annexed to chapter 3 indicates those jurisdictions which are currently in general conformity with the standards of the EPC and which would fall within those criteria. The EPO and JPO out of the three major patent offices would fulfil those criteria but currently the US patent system is not an early publication and first-to-file system. The US system provides that application must be made by the inventor and a patent is granted to the first to invent. First publication takes place after the grant of the patent. In addition the US system provides for a 'grace period' in which inventions can be published and not lose novelty as briefly explained in paragraph 5.14.
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