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We are satisfied that other forms of protection are not always sufficient to protect inventions. There are factors special to Hong Kong which also support the argument for the establishment of a petty patent system.
Typical Hong Kong products
11.36.
Hong Kong businesses make many products which are intended for the fast changing market. Many of the short-term products made here are of significant economic value. Typical examples are:-
Watches Toys
Cameras and accessories
Consumer electronic products
Use of the present patent system in Hong Kong
11.37.
Table D in Chapter 7 indicates that Hong Kong residents do not make much use of the existing patent system. However, Hong Kong residents are very significant users of the protection offered by the Registered Designs Act 1949, which does indicate that they take advantage of systems that offer quick and inexpensive protection. See Table B at the end of this chapter.
Obtaining priority
11.38.
The Paris Convention gives a right of priority in respect of corresponding applications filed in member countries within 12 months. In view of this, the application in Hong Kong for a petty patent would establish a right of priority for the filing of a corresponding application elsewhere. Similarly an applicant applying in Hong Kong for a petty patent would be able to rely on the priority given by an earlier corresponding application elsewhere.
Other jurisdictions' petty patent systems
11.39.
Petty patents or their equivalents are available in various jurisdictions including Australia, Brazil, China, France, Germany, Italy, Japan, Philippines, Poland, Portugal, South Korea, Spain, and Taiwan. In addition Ireland is planning to introduce a system of protection for "short-term patents".
11.40.
Although all of the systems allow for protection which is easier to obtain than a patent, and the protection is shorter, there are many differences between the various systems, especially concerning protected subject matter, duration of protection and novelty requirements. There are also important differences in the examination procedures, which may reflect different approaches to the level of inventiveness required of petty patents.
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