rather er of
over
lers.
PC,
ong
5.43.
Other patent offices which would currently fulfil these requirements are the Australian Patent Office and the national patent offices of the individual countries of the EPC such as the United Kingdom Patent Office and the German Patent Office.
Use of English language
5.44.
We consider that practical arguments favour the continued use of the English language as the primary language of Hong Kong's patent system. The use of English is well recognised and accepted internationally and we consider that in Hong Kong patent practitioners and most inventors are likely to be familiar with English in their relevant field of technology. This question is discussed in paragraphs 8.12 to 8.18.
the
5.45.
of
ind
jor
As we consider that English should be the primary language of Hong Kong's patent system, it follows that any patent system on which we base any future registration system should use English as a primary language in order to meet the requirements of both Hong Kong and overseas businessmen and also avoid the need for expensive translations. The USPO and the EPO out of the three major patent offices would fulfil those criteria and other systems would be those of the Commonwealth countries such as the United Kingdom, Australia, Canada and New Zealand.
Assured, long term financial and political future
it
e
5.46.
We consider that any patent system on which we base any future registration system should have an assured, long-term financial and political future and that patents issued by its patent office should be well respected internationally.
5.47.
Whilst many patent offices would fall within this category we consider that those patent offices which are competent International Searching and International Provisional Examining Authorities under the PCT would fulfil those criteria. It is noted that in 1991, of the international applications sent to the International Searching Authorities by WIPO, over 50% were sent to the EPO, over 7% to the JPO and over 26% to the USPO, with the balance going to other searching authorities.
5.48.
Regardless of how well respected the patent system and the patents granted by it are, there are (as indicated in paragraph 5.17) disadvantages in registering patents from an individual country. This particularly applies to an individual country that forms part of a regional grouping because the tendency is to apply for a patent at the regional office. The future of the patent office of any individual country of the EPC for example has to be potentially at risk.
5.49.
The
patent office of a regional grouping such as the EPC has much to be said
for it. A regional patent system which is broadly based in terms of member countries has potentially a wider jurisdiction in which a patent can be protected. Before implementation of a regional system, the legislative and administrative systems of the various member countries will have been harmonized, and alterations to the system are likely to be made only after substantial discussion and adequate notice.
45