TNAG-1495-FCO40-2053-Hong-Kong-intellectual-property-regime-1986 — Page 18

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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24.

It should be noted however that the benefits

of the Convention enjoyed by Hong Kong through its attachment

to one of the signatories to the Convention, whether it be

the United Kingdom or China, does not depend on Hong Kong

having a patent system. Indeed the point of the Convention was

that countries without a patent law could join the Union and

get benefits for their OWI nationals abroad. The present

provisions of the Convention provide equal treatment on the

basis of domicile and place of businesses as well as nationality.

25.

The laws relating to patents are generally

concerned with acts accomplished or committed in the country

itself, in other words a country's patent laws do not have

effect abroad. Three recent developments have however tended

to "internationalise" patents.

26.

The European Patent Convention confers a bundle of

10 national patents in the contracting states designated

by the applicant in a single patent application which undergoes

a single search and examination procedure through the European

Patent Office whose headquarters are

are in Munich. When an

application is filed, the EPO makes a a search of the relevant

state of the art and a report, which is published, is sent

to the applicant to enable him to assess the prospect of obtaining

the grant of a patent. If the applicant decides to proceed,

the EPO carries out the substantive examination for novelty,

/inventive

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