8.6.
The Patent Cooperation Treaty (PCT) provides for the filing of a single 'international' application as opposed to separate applications in a number of countries. It does not provide a system of international grant of patents. An applicant can use the PCT route and make an international application but once he decides in which country or countries he wishes to obtain protection he must follow the procedures in each country for obtaining a grant of a patent.
8.7.
Thus an applicant can use the national route and apply for a patent to the national or regional patent office for every country in which he wishes to obtain protection for his invention or use the PCT route and obtain the effect of a regular national filing in the country or countries designated. By using the PCT route the applicant gains time in which to decide whether to proceed with his patent application.
8.8.
The PCT was applied to Hong Kong in 1981 allowing Hong Kong residents to use the PCT route by filing an international application with the United Kingdom Patent Office.
8.9.
The Hong Kong patent system must meet the requirements of the international conventions, so that Hong Kong can continue to enjoy the reciprocal recognition and benefits available.
8.10.
Hong Kong must take account of obligations which may arise as a result of the "Trade Related Aspects of Intellectual Property" (TRIPs) negotiations conducted under the General Agreement on Tariffs and Trade (GATT) and of the continuing talks on the draft treaty on Harmonisation of Patent Laws, conducted by WIPO. Hong Kong therefore needs to ensure that its standards of patentability and procedures accord with international standards, and that its system continues to be consistent with other patent systems. The need to ensure that Hong Kong's standards of patentability accord with international standards is seen also in the context of the threat of trade sanctions.
Compatibility with Hong Kong's other intellectual property laws
8.11.
The Government is conducting a comprehensive review of all of Hong Kong's intellectual property laws and systems of which patent law form but one part. The aim of the review is to update the law to bring it into line with legal, political and technological developments, and to localise those laws which are now dependent on United Kingdom legislation. It is intended that Hong Kong will have its own intellectual property laws. In this context, we recognise that it is important to devise a patent system that will be consistent with the government's other intellectual property proposals in respect of copyright and designs.
Use of the English language
8.12.
Practical arguments favour the continued use of English as the primary language of Hong Kong's future patents system. English is widely used in Hong Kong's business community. It is the primary language used by overseas investors in Hong Kong's manufacturing industries. The Industry Department's figures for 1989 show the sources of overseas investment in Hong Kong's manufacturing industries as follows:
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