(* denotes Convention country)
Chapter 12
Options for a petty patent system
12.1.
As was the case with the patent system, there are two basic options to consider; either a system involving registration or one of original grant. Both options, again, have a considerable number of possible variations. These are examined below.
A Registration system
12.2.
This would be similar to the existing patent system in Hong Kong. In considering patent systems in chapter 5 we referred to various registration systems. We consider that those systems are not viable for petty patents, as the fundamental purpose of a petty patent system is to allow businessmen to obtain protection as easily and quickly as possible. Businessmen who require protection in Hong Kong only will not favour a registration system, as they would be required to obtain a patent elsewhere before obtaining a petty patent in Hong Kong.
Original grant after search and examination by the granting patent office (examination system)
12.3.
Under an examination system as outlined in para. 4.18, the patent office, on receipt of a petty patent application, would conduct its own search and examination before granting the petty patent. Significant numbers of suitably qualified technical personnel and a comprehensive technical information centre are required. Although this type of system offers independence, the disadvantages for the grant of petty patents are similar to those arising with this system for the grant of patents. Such a system is expensive to establish and maintain and requires highly skilled personnel. We have concluded that in light of the high costs and a realistic assessment of the likely number of applications, a system of original grant of patents in Hong Kong cannot be self funding (chapter 4). The same would be true for petty patents.
Original grant with search and examination contracted out (Contracting out examination system)
12.4.
This system as outlined in para. 4.47 provides that the search and examination are contracted out to an international body or another country's patent office. This option has been considered for patents in chapter 4. In particular we considered in paras. 4.50 to 4.54 and 4.58 the advantages and disadvantages of a contracting out system for patents. We consider that these would apply equally to a contracting out system for petty patents.
Non-examination system for petty patents
12.5.
In a non-examination system as outlined in para. 4.5 the patent office is not required to carry out a search and examination before grant. On receipt of the application for a petty patent the patent office would conduct an examination to ensure only that formal
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