Cost
11.5.
The cost of obtaining a European patent, designating the United Kingdom only, is greater than obtaining a UK patent. It follows that removing the right to register a UK patent would increase the cost to businesses seeking protection in Hong Kong only.
11.6.
Patent filing fees, patent agents fees and translation costs are a significant factor for a small business. If the application is opposed, the fees are even higher. Pursuing the patent in other countries increases the cost to the applicant. Prosecuting a patent in any jurisdiction is an expensive undertaking.
What are petty patents?
11.7.
As stated in outline in paragraph 3.29, a petty patent (the term "utility model" is often used synonymously with petty patent) is similar in concept to a patent in that it protects an invention. However, the duration of protection is shorter and it is usually not as difficult to obtain. Beyond this there are differences between the various petty patent systems. For example, in some systems the test for inventiveness is the same as for patents whereas in others it is less. The basic characteristics of various different petty patent systems are shown in Table A at the end of this chapter.
Are other forms of intellectual property protection sufficient?
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Introduction
11.8.
Together with copyright, designs, confidentiality, trade marks and passing off, patents are a means of protecting intellectual property. In relation to a patent granted for a product it is often said that the patent protects the idea or ideas underlying that product. On the other hand a product may be protected under other intellectual property laws which protect form or shape, irrespective of whether it incorporates an invention which is capable of patent protection.
11.9.
Patent law is not concerned with protecting the form or shape of the product, although in some cases the patent will have the effect of protecting the shape of an article, for example, where a patent is granted for an invention which necessarily incorporates a certain design, such as in the case of an invention concerning the shape of a propeller. However, shape or design is not the focus of patent law.
11.10.
Where the product has long term commercial viability, and incorporates a patentable invention, it would be normal for the inventor to seek to protect the invention by a patent. If it is a short-term product, the businessman concerned with its exploitation will have to consider whether other forms of protection such as copyright and designs are sufficient.
11.11.
In many cases the businessman will be concerned to prevent slavish copying of his product (the "original product"). In such a case, both the underlying idea and the form of the original product are taken by the third party. If the form of the original product is copied more or less exactly, the current Hong Kong law of copyright and registered
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