TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 160

have are productively used in industry and commerce. In paragraph 8.22 we noted the limited availability of experts world-wide. If the registry were to recruit such experts, there could well be a corresponding loss of productive personnel to the private sector.

9.26.

For these reasons we do not recommend a system of original grant with full search and examination for Hong Kong.

Original grant in Hong Kong with search and examination contracted out

9.27.

As noted in paragraph 4.50, under this system the patent registry can grant its own patents without the investment in experienced staff and other resources which are required for original grant. However, whilst superficially attractive, this system would still require the employment of a substantial number of staff including skilled examiners. Additionally, we consider that Hong Kong would not have sufficient control over the quality of the patents, the costs involved and the time taken for the patent to be granted. For these reasons we do not recommend a system of original grant with search and examination contracted out.

Original grant in Hong Kong with search and examination contracted out using the PCT

9.28.

As set out in paragraph 4.58 this option would also require the employment of a substantial number of staff including skilled examiners. For this reason we do not recommend a system of original grant using the PCT.

Registering patents granted elsewhere

9..

re.

be

A

R

9

a a

I

9.29.

As noted in chapter 5 the advantages of a registration system are that -

(a)

if the original patent is granted after search and examination, the registered patent is an examined patent;

(b)

(c)

(d)

(e)

if the system from which the patents are registered has a strong search and examination system, the patents granted by registration are also strong;

with any of the registration system options it is not necessary to fund and develop the expertise and facilities which are necessary to perform search and examination. As a result they are relatively inexpensive to operate, and use less manpower;

it is acceptable to users; and

it is a system which is familiar to Hong Kong inventors and practitioners.

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