TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 163

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9.39.

We recognise the administrative burdens of setting up a new system. Under the proposals for the proposed Patents Bill those persons wanting protection for their patents in Hong Kong will be required to file within six months after the publication of the application in the European Patent Office and again within six months of the grant of the patent.

The specific transitional arrangements will mean that persons who could have obtained protection under the current system may have to file an appropriate application within a period of one to two years after the introduction of the new system. Taken together these measures will significantly increase the number of applications which will be filed in the first one to two years of the introduction of the new system. If in addition to this we were to provide for the registration of Chinese patents, we consider that the amount of additional work imposed on the Hong Kong Patents Registry would be out of proportion to the resources which would be required to run the system. If however, such resources were not available, the combination of all these activities could mean that the system would not be able to run smoothly and efficiently from the date of introduction.

9.40.

We consider it is important to introduce the new system without delay and to provide for its smooth introduction. For this and the other reasons outlined, we recommend that after a period of one to two years from the introduction of the new system the Hong Kong legislation should provide for the grant of domestic patents after registering patents granted not only by the European Patent Office but also by the Chinese Patent Office. These patents when granted should have a life independent of the original respective European Patent Office or Chinese Patent Office patent and should be capable of being tested for validity and infringement and of being rectified, amended or revoked in Hong Kong according to Hong Kong's law independently of action taken elsewhere.

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