2.
(5)
W.
利品
Unlike in Germany, France, Australia, Japan and now China, the United Kingdom patent
system does not provide for a second tier of
patent protection at a subsidiary level.
These patents which are often referred to as "Petty Patents" or "Utility Model" are
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intended to give a simplified and swifteri
form of protection providing cover for a shorter period of time.
Preliminary views of the Working Group
3.
The Working Group considers it essential to obtain the views of people who have a special interest in the subject before formulating any recommendations for the consideration of Government. To stimulate deliberation, the Working Group wishes to put forward its preliminary views as follows:
(1)
(2)
In establishing any patent system in Hong Kong, an important criterion is that the opportunity to abuse the system should be as limited as possible so that prospective defendants are not intimidated by the costs of defending what in reality is an invalid claim wielded by a financially powerful opponent. Secondly, the system must be comparatively cheap to administer in terms both of monetary costs and human resources. Thirdly, the system should provide
reasonable certainty in terms of
predictability of the validity or invalidity of rights granted.
To protect local inventors, encourage foreign investment in Hong Kong and maintain Hong Kong's international standing, there is a need to maintain a system of patent protection. However, it would not be cost effective to establish in Hong Kong a patent office granting patents. Instead, a registration system should continue.
(3) Hong Kong could depart from the present
system of registering only United Kingdom patents or European Patents designating the United Kingdom. As the European Patent Office is by far one of the most advanced and sophisticated patent offices in the world, it may be more advantageous to register European Patents granted by the European Patent Office and designating any
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