8.13.
USA 31.2%, Japan 29.1%, China 10.7%, United Kingdom 7.4%, others 21.6%.
English is the international language of technology. In 1977 the choice of English, French and German as the three languages adopted by the newly created European Patent Office "was dictated by the finding that the vast majority of the technical writings required by an examining office for its work are in these languages". 62.5% of the patents filed in the European Patent Office in 1989 were in English. 65% of the patents filed under the Patent Cooperation Treaty in 1991 were in English.
8.14.
A further consideration is that patents for those inventions that are marketable worldwide, even if first applied for in a country whose patent system operates in a language other than English, will probably be translated into English. For example, if a Japanese business wishes to market its invention widely it is most likely that it will choose to translate the relevant documents into English as this would allow filing both in the United States and in the EPO. Since translations involve expense and delay it also follows that when patents are applied for in both the United States and the EPO the relevant documents filed in the EPO will be translated into English, rather than French or German. The need to provide translations of relevant documents is often seen as a deterrent to filing. The issue of translations is a question of concern within the Committee of Experts on the Harmonisation of Patent law.
8.15.
English is an official language in Hong Kong, and by virtue of Annex 1, section 1, paragraph 4 of the Joint Declaration, in addition to Chinese, English may also be used in organs of government and in the courts in the Hong Kong Special Administration Region. The common law will continue to be the basis of the law in the Hong Kong Special Administrative Region. Precedents from common law countries are in English. If patents in languages other than English were to be granted in Hong Kong, it would create great difficulties for the courts. Technical explanation and construction might only be available in the English language. Judicial precedents in other languages might not be readily available or easily referable. The continued use of English is also important if Hong Kong is to continue to be able to take advantage of judicial decisions in other common law jurisdictions. Translation difficulties and conflict between languages would be unavoidable.
8.16.
The law of patents is complex and the administrators and users of the system require a high degree of technical expertise. Much of the available information on technology is in English or is most easily accessible in English. Since English is the international language of technology, inventors and users are likely to have a basic knowledge of the English language as it applies to their own fields of expertise. One of the primary aims of the patent system is to ensure that overseas businessmen continue to invest in and to introduce new technology into Hong Kong. Allowing overseas businessmen to use English as the primary language in the proposed patent system will encourage overseas businessmen to use it. This would also be true of many Hong Kong inventors. The Committee considers that in the immediate future few Hong Kong inventors are likely to require such information in any language but English. Furthermore, as the current documentation is in English, maintaining that as the primary language will facilitate search
of the documentation.
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