TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 161

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9.30.

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In principle we recommend for Hong Kong the continued use of a system of registering patents granted by another patent office which searches and examines such patents before grant.

Assessment of method of providing for a registration system

Registration of a patent granted by any patent office elsewhere

9.31.

In view of the lack of consistency among patent systems, as noted in paragraphs 5.10 to 5.16 and 5.20, we do not recommend this option.

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Registration from any patent office which searches and examines its patents

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9.32.

As noted in paragraph 5.22, this option considerably limits the number of patent systems from which patents could be registered. There are, however, far too many languages and variations in legal systems and we do not recommend this option.

Registration of patents granted by a single patent office

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9.33.

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As outlined in paragraph 5.26, the patents registered in Hong Kong should have been granted by a patent office -

(a)

(b)

(c)

based in a country or region over which its jurisdiction extends which has a high level of trade with Hong Kong;

in which a high number of applications from an international spread of applicants is filed;

which has the same standards and ambit of protection as that of the current system in Hong Kong;

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(d)

which uses the English language; and

(e)

which has a long-term financial and political future.

9.34.

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After assessing these requirements we concluded that all these requirements were fulfilled at present by the patent system administered by the European Patent Office based on the European Patent Convention (European patent system). The European patent system is already effectively part of our existing system, and is thus compatible and familiar both from legal and linguistic aspects. The member states of the EPC, combined, form the third largest trading bloc in terms of total trade with Hong Kong. If Hong Kong were to allow the registration of all European patents, rather than continue the current practice of registering only European patents with a United Kingdom designation, there would be a significant widening of the range of patents which may be registered in Hong Kong.

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