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14.25.
We recommend that the question of whether the registry could be nominated as a receiving office for the purposes of the PCT should be further investigated. We would however wish to emphasise that whilst there are advantages attached to the continued application of the PCT to Hong Kong we would not wish to delay the introduction of the recommended patent system for this reason.
Other international conventions concerning patents
The European Patent Convention
14.26.
The European Patent Convention (EPC) was signed in 1973 and came into force on 7 October 1977. The EPC is a regional patent treaty under the Patent Cooperation Treaty.
14.27.
The current member states of the EPC are Austria, Belgium, Switzerland, Germany, Denmark, France, United Kingdom, Greece, Italy, Liechtenstein, Luxembourg, Monaco, the Netherlands, Portugal, Spain, Sweden and Ireland. Cyprus is also planning to join the EPO.
14.28.
The EPC established a system of patent law common to its contracting states and established the European Patent Office (EPO). The EPO operates in three official languages (English, German and French). The single patent grant procedure provides for thorough search and examination to ensure that the European patent will have a high presumption of validity. Instead of applying separately to national patent offices the applicant can apply directly to the EPO for a patent in any or all of the member states.
14.29.
After grant the European patent takes effect in each of the member states which have been designated by the applicant. Following the grant of the patent by the EPO and after the expiry of the opposition period, the patent is subject to the national systems of the individual designated states. In consequence, proceedings to revoke a patent in a designated state, for example, would be instituted and determined in the national courts of that designated state, and any determination would have effect only in that designated state.
14.30.
The EPO is the executive arm of the EPC and is under the supervision of the Administrative Council of the European Patent Organisation. The Administrative Council is comprised of delegations from the member states. Non-member states and organisations may have observer status in the Council. WIPO is an observer.
Strasbourg Agreement Concerning the International Patent Classification, 1971
14.31.
This Agreement (commonly referred to as the "IPC"), which was concluded in 1971, provides for a system of classification of patents. It is open to members of the Paris Convention. As at 1 January 1991, twenty six States including the United Kingdom were members of the IPC. The Agreement has not been extended to Hong Kong.
14.32.
There are about 25 million patents throughout the world. Each year about a further million patents are granted. Search of this amount of prior art is impossible unless each patent is classified according to its field of technology. The IPC was made to address
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