TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 108

Aims and benefits of the PCT

4.56.

The aims are to save time, work and expense for both applicants and patent offices. For applicants this is achieved by filing one application but with the ability to designate other countries in which they might wish to obtain protection and thus deferring until a later stage the decision to proceed in those countries. For patent offices this is achieved by reducing its work by providing for international search and in some cases international preliminary examination.

4.57.

In summary the PCT provides for the filing of an 'international' application as opposed to separate applications in a number of countries. It does not provide a system of international grant of patents and each country can and does maintain its own system of grant. For further information on the PCT, see paragraphs 14.12 to 14.18.

4.58.

We considered whether the PCT could be an alternative mechanism for introducing a contracted out examination system. The advantages and disadvantages of any contracting out system as outlined in paragraphS 4.50 and 4.51 above would apply equally to the use of the PCT for this purpose. Thus after receipt of the search and preliminary examination report, if requested by the applicant, the original patent office would still be required to decide whether the patent should be granted with or without amendment. This would require, as explained above, skilled examiners with the consequential resource implications.

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