0.
89
4.39.
In order to organise patent documents according to the IPC or otherwise, it is necessary to have a body of examiners who can evaluate new documentation and put it into the proper classification. Thus on receipt of a patent application the patent office must be able to put the invention which has been applied for into the proper classification according to the IPC and then record that classification on the published patent application.
ed Summary of resource consequences of an original grant examination system in Hong Kong
888
.ce
4.40.
In order to provide a respected system of search and examination, the patent office must be provided with adequate resources. If inadequate resources are provided, the strength or perceived strength of patents must inevitably be reduced and the time taken to process the patent will be increased.
In recent years, there have been in the region of one thousand patents a year registered in Hong Kong. Even if the impetus provided by an original grant system caused this figure to double, there would still be insufficient applications to cover more than just a small fraction of the costs.
it
ity
4.41.
lar
lat
all
to
er
4.42.
ns
*e.
ny
ve
is
We consider that Hong Kong will be unlikely to attract many businessmen who wish to apply for an original Hong Kong patent alone, as such a patent would protect his invention only in Hong Kong which is a small part of the global market.
4.43.
From our consultations, we are satisfied that it would take many years before a Hong Kong patent registry of original grant which conducted pre-grant search and examination could develop the necessary expertise and experience to command the respect of the international community.
4.44.
Hong Kong might be able to avoid some of these difficulties, as it is normally receptive to importing expertise from overseas. However, there are doubts as to whether this is possible given the worldwide demand for experienced patent personnel. The private sector, too, is competing for individuals with the qualifications that would be required, and this would compound the problem.
4.45.
all
is
ed
on
ch
IS.
re
4.46.
a
ic
The task of examining patents is a specialised one, and on the establishment of a patent office which conducts search and examination it would be necessary to have a range of examiners who could handle applications in all fields.
An original grant system with full search and examination would require a substantial investment in accommodation, a comprehensive stock of published material, and a comprehensive programme to recruit and train the necessary teams of searchers and examiners. The cost of establishing the extensive technical information centre that a full search and examination system would require would be very expensive.
ly
he
33
Page 105Page 106
No comments yet.
Private notes are available after approval.