TNAG-1495-FCO40-2053-Hong-Kong-intellectual-property-regime-1986 — Page 24

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

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Petty patents

35.

If the system of protecting inventions is considered

simply from the point of view of benefit to Hong Kong, it is

perhaps doubtful if Hong Kong derives much competitive

advantage from the protection afforded by patents. As has

already been said, the process of obtaining a UK patent

and having it registered here is lengthy, cumbersome and

expensive, and gives an amount of protection for a period

of time not usually warranted by the significance of the

invention developed in Hong Kong.

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36.

It would probably be more beneficial to the Hong

Kong inventor (or rather innovator) if he were able to obtain

more limited protection for a shorter period of time, but

obtain it quickly and cheaply. With that objective, certain

countries, notably W. Germany, Japan, France and recently

Australia, grant petty patents or utility models. China's

recently published Patent Code makes provision for the grant

of petty patents. For the Hong Kong innovator who produces

a "gizmo" that he wants to exploit as quickly as possible

and for a limited time, a utility model may provide all the

protection he needs at a fraction of the cost in a fraction

of the time.

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37.

Thoughts along these lines have recently been

expressed in the United Kingdom by the Chief Scientific Adviser

/in the

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