Type of
Provision
11.41.
The different approaches of the jurisdictions listed above are indicated in Table A at the end of this chapter. The headings "Title", "Subject matter protected", "Novelty requirement", "Type of examination" and "Provision for compulsory licences" are self explanatory. The term "Maximum term (including renewals)" refers to the longest period which the current law of that country allows. It often includes not only the initial term of the patent but all permitted renewals.
11.42.
All of the jurisdictions mentioned in Table A except Taiwan are members of the Paris Convention. This is significant since, in those jurisdictions, nationals of other Convention jurisdictions can obtain the twelve-month priority accorded under the Convention.
Other jurisdictions use of both patent and petty patent systems
11.43.
Many jurisdictions have a petty patent system or equivalent, and many of these make extensive use of it. In particular, two major trading nations, Japan and Germany, have successful utility model systems. Japan's use of utility models was particularly strong in the early stages of the development of its modern patent system. In Germany the extensive use of the Gebrauchsmuster continues, and their system has recently been expanded. Recently, both the Netherlands and Finland have introduced such systems, and a Patents Act containing provisions for a "short-term patent" has been enacted in Ireland to come into operation in 1992 or 1993. Although there is no European petty patent, various members of the EPC have domestic petty patent systems.
Petty patents as an aid to industry
11.44.
13
A Hong Kong petty patent system would allow protection to be obtained in Hong Kong well in advance of the time it takes to obtain protection in other countries. The system would therefore enable Hong Kong and overseas inventors to obtain rights quickly. It would be a way of having protection while the grant of a full patent was pending.
11.45.
It is important to note that small, new businesses which would use a petty patent system may well develop into larger, more sophisticated ones in future. Petty patents not only protect the rights of smaller businesses but also help incubate new and developing technology based companies. It is also envisaged that the availability of inexpensive and quick patent protection in Hong Kong would prove attractive to Hong Kong's trading partners and could encourage them to establish manufacturing concerns in Hong Kong.
Conclusion
11.46.
As we have already pointed out in chapter 9, obtaining a European patent takes time and is expensive. If our recommendation to register European patents were implemented, local businessmen would be unlikely to seek patent protection for their short-term products. They do, however, produce a significant number of products that would benefit from petty patent protection. Whilst such a system of protection would be designed principally to meet the needs of local entrepreneurs it would not be exclusively for their use.
11.47.
We consider that a petty patent system in Hong Kong would assist the protection of short-term products. In the following chapter we consider various types of petty patent systems and whether they would be viable for Hong Kong.
156
Title
Chapter 11 Table
Subject matter
Other countries' petty patent systems
Maximum
Novelty
Country