TNAG-2890-FCO40-4162-Reform-and-localisation-of-the-Hong-Kong-Patent-System-1993 — Page 32

ERMENT HOUSE HONG KONG.

HED 01 DEC 93 10:24

CONFIDENTIAL

2

PG.02

機密

(c)

to

the

investigate the practical

continued

considerations for

application of the Patent Cooperation Treaty (PCT) to Hong Kong once Hong Kong's own patent system has been established.

The Proposed Independent Patent System

6.

Under

for a patent application in

the proposed new system, initial application is to be made to the EPO or the CPO, with Hong Kong only required after publication in EPO Or CPO.

A two stage application procedure is proposed.

An applicant will have to apply within six months of the publication of the European or Chinese patent application to record that published application in Hong Kong and then to complete the process by applying for the grant of a patent in Hong Kong within six months of the grant of the corresponding European or Chinese patent. After both steps have been complied with, the patent will be granted in Hong Kong

Kong subject to an examination as to formalities only and with no examination as to substance.

*7.

Once granted, the registered patent becomes a Hong Kong patent independent of the European or Chinese patent. The Hong Kong patent will be capable of being tested for validity, rectified, amended, revoked and enforced in the Hong Kong courts in accordance with Hong Kong law. Subject to some exceptions, this will be irrespective of action

taken elsewhere.

Advantages of the Proposed System

8.

Choice of EPO

In proposing a system of grant after registration of a patent granted

granted by the EPO, the following advantages are perceived:

(a) the independent Hong Kong patent will be granted after search and examination by a well respected patent office, but Hong Kong need not contend with the difficulties of putting in place full search and examination facilities;

(b)

(c)

(d)

the European system has the same standards and ambit of protection as the current system in Hong Kong, the proposal will facilitate a smooth transition as it ensures the continuity of Hong Kong's current patent law and system;

the EPO has a high reputation and European patents are well respected and recognized to be strong patents internationally;

Hong Kong and its major trading partners have a high level

of trade with those European countries which are members of the European Patent Convention; and