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Chapter 13
Part II
Proposals for petty patents in the Patents Bill
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13.16.
In paragraph 13.9 we recommended that Hong Kong should provide for the protection of inventions by way of grant of petty patents. As indicated in paragraph 10.2 our terms of reference require that we should draw up detailed proposals for the implementation of the recommended patent system. We have accordingly considered the manner in which we should provide for the protection of petty patents in the proposed Patents Bill and taken note of a number of factors arising out of our recommendations set out in paragraphs 13.9 and 13.10.
13.17. The recommended petty patent system is to be a modified non-examination system and not a registration system. Application will accordingly be made to the Registrar but he will not be required to conduct substantive search or examination and will only carry out an examination to ensure that the formal requirements have been complied with.
13.18. We recommended that the system of protection of inventions by way of petty patents should be based on substantially the same principles as, and be compatible with, the recommended system of protection of inventions by way of patents. We further consider that a petty patent should be able to be granted quickly and inexpensively and that the petty patent system should not impose an excessive burden on the Registrar or on the courts.
13.19. Subject to the necessary modifications we propose that the main provisions of the proposed Patents Bill should apply to petty patents. As the provisions of the proposed Patents Bill are based on the 1977 Act and the EPC we consider that those provisions which deal solely with petty patents should also, where possible, be based on the 1977 Act and the
EPC.
13.20.
In order to be compatible with the system of application for the grant of a HK patent and to assist both applicants and the Registrar we consider that the procedural requirements for making an application for the grant of a petty patent should mirror as far as possible the requirements for making an application for a grant of a HK patent in the proposed Patents Bill.
13.21.
An arrangement of Clauses for the proposed Patents Bill is at Annexure I. The clauses relating to petty patents are contained in Part XVI of Annexure I. In Part II of this chapter we give the reasons for our proposals. Part III of this chapter sets out details of the key clauses. The list of the abbreviations used is contained in Chapter 10 Part III.
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