Hong Kong's current system
9.17.
The advantages of the present system in Hong Kong are that our patents are strong (paragraph 6.13), that it is inexpensive to administer (paragraph 6.14), and that a businessman who already has a United Kingdom patent or a European patent (UK) does not need to apply for a patent in Hong Kong which is subjected to fresh search and examination (paragraph 6.15).
9.18.
Hong Kong's system for protecting patents has the following disadvantages -
(a)
the five-year period during which registration can be sought is too long (paragraph 6.19);
(b)
the current legislation creates legal uncertainties (paragraphs 6.20 to 6.24); and
(c)
the patent remains in force only while it is in force in the UK. The system lacks a local mechanism for ascertaining in Hong Kong whether it is still in force (paragraph 6.25).
Trade issues and constraints on change
9.19.
Hong Kong needs a strong patent system to protect its trading position (paragraphs 7.18 to 7.20), to promote inward investment (paragraph 7.26) and to encourage technical education (paragraph 7.27).
9.20.
A strong system is one with a high level of search and examination, in which the law is settled (paragraphs 4.14 to 4.15), and in which the scope of patentable inventions is not restricted (paragraph 8.26).
9.21.
Any proposals for a patent system for Hong Kong must take into account -
(a)
the need to provide a system which is no longer dependent on the United Kingdom (paragraph 6.17);
(b)
the requirement of the Basic Law that Hong Kong should have a patent system (paragraph 6.18);
(c)
the desirability of an evolutionary approach (paragraph 8.3);
(d)
Hong Kong's current and possible future international obligations (paragraphs 8.4 to 8.10);
(e)
the requirements and procedures being considered by the Committee of Experts on the Harmonisation of Patent Laws in WIPO (paragraph 8.10);
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